Legal Question in Family Law in Virginia

Sole Custody

In my divorce decree it states that I have ''sole'' the exact line states: ..and it is further ordered, that sole cutody of the minor children, T***, M***, and S*** is awarded to Marvin Hall. (which is me) What does sole mean in this decree. The mother has NO rights? Can she get copies of medical records or school records etc??? I need help with this one.

Thanks


Asked on 11/08/06, 1:25 pm

2 Answers from Attorneys

Robert Beard Attorney at Law

Re: Sole Custody

Va. Code Sec. 20-124.6 specifically provides that "neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records of that parent's minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B."

Subsection B allows certain health records to be withheld from a requesting parent if the physician or clinical psychologist determines that allowing access "would be reasonably likely to cause substantial harm to the minor or another person." If access is denied, the requesting parent has access to judicial review.

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Answered on 11/08/06, 1:37 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Sole Custody

I agree with the other answer, no matter what custody you have, if you have not been divested of your parents rights, you have statutry access to records. However if you have no custody you have no right to make decisions or to be consulted. That is what sole custody means.

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Answered on 11/09/06, 7:38 am


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