Richmond, VA asked in Divorce, Family Law and Child Custody for Virginia

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.

1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

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.

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