Legal Question in Family Law in Virginia

Legal Custody

What exactly is legal custody? If a parent has neither legal or physical custody of the child then what rights do they have as a parent? Do they need permission from a legal parent or guardian to do certain things with the child?


Asked on 8/12/07, 4:06 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal Custody

Legal custody normally refers to the right of a parent to make major decisions in the life of his or her child having to do with the child's education, medical care and treatment,

or other decisions which have the potential for having a major impact on the child's life. Parents quite frequently share legal custody and therefore the right to participate in the making of these major decisions regarding their child(ren)'s lives.

Physical custody is the right of a parent to have the child in his/her care and custody. It, like legal custody, may also be shared, but quite frequently is given to one parent only by way of a court's order.

If a parent has no right to share either in legal nor physical custody of his or her child, then the answer to your question is, basically, yes, this parent needs the permission of the parent or legal guardian who does have the aforementioned rights in order "to do certain things with the child".

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Answered on 8/12/07, 10:14 pm


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