Legal Question in Family Law in Virginia
Primary physical custody
What does it mean when the courts say you have primary physical custody?
Asked on 9/08/03, 1:31 pm
1 Answer from Attorneys
Scott Nolan
The Law Offices of Scott C. Nolan
Re: Primary physical custody
"Primary physical custody" means that the child will be living with you, but implies that your ex-spouse will have visitation rights with the child.
The phrase also suggests that you have joint legal custody, meaning that both you and your ex-spouse are legally responsible for the child's upbringing.
"Primary physical custody" does NOT mean that you can exclude your ex-spouse from access to the child - if the Court did not specify the times and methods for visitation, it will require that you and your ex-spouse work out a "reasonable" visitation schedule.
Answered on 9/08/03, 1:42 pm