Legal Question in Family Law in Virginia
Consent in Joint Custody Situation
I share joint legal/ physical custody of my two minor children with my ex-wife. In May she ''unilaterally'' scheduled and convened an interview with a private school for my three year old son. She filled out and signed the seven page application, interviewed with the principal, petitioned for and received a waiver for admission. In June I learned of her actions and ended up paying the deposit and enrolling my son in the school. Now she claims that I did not have her consent to enroll him and that I ''unilaterally'' enrolled my son and she has gone as far as physically removing him from the school on his first day. I want him to attend the new school, his sister has attended there for 3 years. How do I make her take him back to the new school that '' we'' enrolled him in?
1 Answer from Attorneys
Re: Consent in Joint Custody Situation
You don't and can't enforce your choice of schools for your son unless there is a clause in the divorce settlement agreement which gives you specific and overriding authority to determine where your son will attend school.