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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Hello. I conversed with a Just Answer Legal Professional last night. I don't think that he gave me the right answer, regarding my questions about Joint Custody. My husband and I were given "Joint Legal and Physical" Custody of our two children. So, I think this issue is treated as if it is a "Shared" Custody. Is this true?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
This is Samuel and I believe I was assisting you last night.
So under VA law
Section 20-108.2(G)(3) states that the shared custody child support guidelines will only apply when each parent has “physical custody” of a child for more than 90 days.
Under these “shared support” guidelines, the primary custodian will typically receive less child support than under the regular child support guidelines. It is therefore important to understand how days are calculated for purposes of the “90 day rule.”
In a “joint custody” arrangement, both parents assume responsibility for the physical, moral, and emotional development of the child, and there are shared rights and responsibilities for making decisions that affect the child. Virginia Code Section 20-124.1 states the following:
“Joint custody” means
(i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent;
(ii) joint physical custody where both parents share physical and custodial care of the child or
(iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.
So no. Joint custody is not the same as Shared.