Wise, VA asked in Child Custody and Child Support for Virginia

Q: Question about Child support /Custody

My daughters father claims he keeps our daughter 75% of the time however I feel like he doesnt. He keeps her on his days off which is 2 days out of the week and every other weekend. When he gets vacation he get close to a month off and he will keep her but that's it. Here recently the past 6-7 months. He's been volunteering to work in another location so he works gone for 7 days comes back keeps her on Monday I get her back Tuesday he works the next to days at his normal job location will pick our daughter up after work on Thursday and then keep her the weekend and leave that following Sunday for work. So can someone explain to me how he has her 75% of the time when she lives under my roof!! I want to file child support but I wanna make sure I don't look like a fool .

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1 Lawyer Answer

Michael Christopher Miller

Answered
  • Divorce Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period."

The father can claim anything he wants. At some point, someone needs to sit down with a calendar and mark out the days. A 24 hour period is one day. An overnight less than 24 hours is a half day. If there is no overnight, it is zero.

Both parents must have over 90 days to use the shared custody formula.

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