Q: VA- Joint custody -required to discuss decisions and parents disagree on child getting driver's permit.
Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.
A:
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges allow the parent with primary physical custody some leeway in decision-making while the child is in his or her custody. Ultimately, conflicts between the parents would be resolved by the actual wording of the order. A willful violation of a court order concerning custody would be grounds for contempt, which could be brought before the court by a verified petition for a rule to show cause.
The parent of a child who believes the other parent has willfully violated a court order should consult with an experienced Virginia family law lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
