Custody in Virginia is put into two categories, legal and physical.
Joint legal Custody in Virginia:
Joint legal custody means that a parent or in this case both parents have to custody to make major decisions on their own child. These decisions are split into three categories, the upbringing of the child’s religion, educational decisions, and non-emergency medical care.
Some Problems that Occur Through Joint Legal Custody in Virginia:
An example of a problem that could occur through joint legal care is if a mother and father have a disagreement about which school that they will enroll their child in. However, the mother nor the father is allowed to take their child to another school without the permission of the other spouse. In order for this case to come to an agreement, they must go to court. Furthermore, a judge could get a final say if any of the parents go and enrolls their child in a new school without the others permission.
This is applicable to any of the three decisions mentioned above. For example if a father wanted to take their child to a school that the mother dislikes, however, the father still takes their child to the public school without the permission of the mother, then he could lose his joint legal custody and sole custody could be given to the mother, if this case went to court.
Homeschooling in Virginia, Regarding Joint Legal Custody:
If both parents agreed to give there minor homeschooling and one of the parents later disagrees, then it will be a case that the judge would have to decide upon. However, this sort of case relies on many other factors such as spousal support. Furthermore, it is very difficult to decide on a school that your minor will enroll in, especially if one of the parents disagree due to joint custody.
A Custody and Visitation Agreement:
When parents have a guardianship and visitation agreement and one of them enrolls their minor in a school with the objection of the other, then the other guardian can take this to court and file a show cause. Furthermore, the offending caretaker usually should be faced with some penalties however, it will be considered to be a “no harm, no foul” case if the court sees that the changing of schools was an attempt for the minor’s best interests. However, it does not mean that the judge shall choose to keep the minor in the school that the offending parent had enrolled him/her to. Just like many cases similar to these, the judge shall take the minor’s best of interest before making a final decision.
Disagreement on Public School vs Private School between Parents in Virginia:
In Virginia, parents could have some problems regarding whether to enroll their minor to a public or private institution of learning. Judges usually don’t like parents to send or enroll their minor to private schools due to the financial commitment that the parents must do. Furthermore, if a minor is ordered by a judge to remain at the private institution of learning it is usually because the minor is in late high school and it would inflict more damage on the child than benefit them.
If you need a Virginia Child Custody lawyer to help you with your minor guardianship case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you.