Legal Question in Family Law in Virginia
Mother has custody of 9 year old. Child is with father has 50% of the time visitation for 5 years. Court order states that both parties will share the cost of tutition at private school. Last year mother placed child in Stafford County public schools. Now she is wanting to put her back in private schl.
Two questions
1. Will court likely not order father to pay private tutition since mother has pulled child out and now going back?
2. Is there any chance to modify (and win) joint custody since technically that's what parties have been doing for 5 years?
I know there is not crystal ball that shows the future. I am just asking most likely scenario.
1 Answer from Attorneys
1. Assuming this was part of the PSA(Property Settlement Agreement), I see little reason that a court reviewing the matter would be inclined to change what the parties have previously agreed to merely because the child was placed in a school setting for a year that differed from what this parental agreement called for. My answer therefore would be, no.
2. Why would the father need formal joint custody(requiring the court to amend its previous order) if in effect and as a practical matter he already has it? I would therefore estimate only a small chance of this occurring.
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