Legal Question in Family Law in Virginia

Re: joint physical custody

A judge may grant any combination of custody shares they like. Joint physical custody is a possibility but it is extremely rare. The reason is simple. Parents have joint total custody to begin with. Custody litigation isn't about giving someone custody its usually about limiting the custody of someone who already has it. The fact that you're in litigation and one of you is contesting the absolute custody of the other makes that result unlikely in litigation. If you two think you can raise this child together equally then the one who filed needs to withdraw. Joint phsyical (and legal) custody granted after litigation means the judge thinks that the two of you can co-parent sucessfuly together. And if that were true, someone wouldn't have filed this petition to limit the other.

I hope this helps. Good luck.