Midlothian, VA asked in Child Custody and Family Law for Virginia

Q: What are the parental rights does a parent have without having any legal custody in Virginia? Please be specific.

My husband does not have any legal custody of his other child. The mother has flat out refused him the right to take the child to receive medical attention and refuses to supply school information so he can attend activities. His order does explicitly say he has the right to the medical and school records. I believe the biological mother is alienating my husband from their child and I would look to know specifically what he is entitled to until the current temporary order is amended.

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1 Lawyer Answer

A: Without legal custody, and depending on the court order, the father is likely left with visitation as outlined in the order and access to school and medical records. This generally does not create a duty upon the other parent to help access those records; it usually means he is able to get those records directly from the source (i.e. from the doctor's office or the school) without the other parent's permission.

Good luck.

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