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I am in. I have joint custody and would like my son to

I am in Virginia. ...

I am in Virginia.

Lawyer's Assistant: Have you talked to a VA lawyer about this?

I have joint custody and would like my son to attend the school I work at (private) and my son really wants to go to. His dad will not sign off on it since he does not believe in private schools. It will be at no cost to him

Lawyer's Assistant: What steps have you taken so far?

How much trouble will I be if I enroll him anyhow? I have physical custody as well. I also have teacher recommendations (from his current school) for him to enroll at my school

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Answered in 2 minutes by:
3/14/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Let's see if we can't figure out a way to address this for you. You say you have joint custody and physical custody. This, as I understand it, his him living primarily with you. Is that correct?

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Customer reply replied 1 month ago
His permanent address is with me. He sees his dad twice a week for dinner and goes to his house every other weekend.

Good start as that sets you up as the primary parent.

So now let's talk about the decree or Order that sets out the custody arrangement.

Is there any language that addresses who makes the decision in a case where there is not an agreement?

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Customer reply replied 1 month ago
I am looking now
Customer reply replied 1 month ago
I do not see anything

So that is where it gets a bit complicated without an language in the agreement as to who makes the final decision. The foundation as you set it out is that it not only would be in his best interest, but that teachers are recommending it.

I do caution parties from taking action that is in contravention of an agreement, but in your case unless there is a requirement that all decisions be agreements, I am not sure it would be a violation.
The question becomes would your son's father attempt to take the matter to the Court. Generally the Court does not police orders themselves, but will only address them if an issue us brought before the Court.

The good thing for you is that you could proceed to tell his Father that you believe this is best and that absent an agreement that you would go to the Court not only to have permission to go to the private school but to consider changing custody since decisions are not being made in your son's best interest. You can also offer to go to mediation over this. I mention this as many times people don't agree more to be a pain to you than is related to your son.

The bot***** *****ne is that the Court's look at a child's best interest and if private school is the place to further that, just because his Dad does not want him to go, that is not automatically a good reason.

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And to expand on one final thing, you could and can enroll your child, but if that was a triggering event to have his Father involve the Court, the decision and continued enrollment, may ultimately end up before a Judge. That is not to say that you would get in trouble, rather the continuation or termination of the private school could ultimately be decided by the Court.

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Customer reply replied 1 month ago
This is extremly helpful. Thank you very very much.

Thank you so much. I always look to be as comprehensive as possible. 5 Star ratings are always appreciated and you can also ask follow up questions after rating.

Thanks again!

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
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Experience: Family Law Attorney in Private Law Firm

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