Legal Question in Family Law in Virginia

Re: Custody

Free public schooling in Virginia is based on residence. To the best of my knowledge, every school district requires that, if a student is permitted to attend school in that district does not reside in that district, tuition must be paid.

There may be additional tuition for an out-of-state student, if he or she is permitted to attend at all.

As a general rule, a child's residence is legally that of his or her parents. When the parents do not reside together, the child's residence is that of his or her custodial parent.

When parents have joint legal custody, and separate residences, schools may look to determine the child's actual physical residence.

So, to answer your question, it is highly unlikely that your 15-year old son will be permitted to attend public school in Virginia without the payment of tuition unless his father has some form of custody.

Please Note:

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