Legal Question in Family Law in Virginia

What is the difference between 'Primary Caregiver' and 'Sole Custody'? In researching, the terms seem to be about the same. I have a friend that is in the process of separating and she wants 'Sole Custody' and he wants to be 'Primary Caregiver'. It appears to me that they both want the same thing (the children) but are using different terms.


Asked on 2/24/10, 2:07 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

With sole custody, the child spends all of his/her time with the one parent except for the periods alloted for visitation to the other parent. The sole custody parent also has not only sole physical custody of the subject child but also sole

legal custody, meaning the right to make major decisions in the life of the child

such as those involving education, medical care, residence, travel, etc., without

the participation or input from the other parent.

The status of sole custodian therefore is more comprehensive than that of

"primary caregiver" which is a term (unlike sole custodian)of uncertain definition in terms of domestic relations law as I understand it.

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Answered on 3/01/10, 6:04 am


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