Virginia custody orders detail the breakdown of parenting time for families that have been impacted by divorce and other forms of separation. An order might designate one parent’s home as the children’s primary residence and may even provide a detailed schedule for sharing holidays and birthdays. A custody order likely also discusses legal custody. Also known as parental authority, legal custody gives parents the power to enroll their children at school or seek medical care on their behalf.
Which parent usually has the authority to make decisions about where their children attend school and what medical treatment they receive?
Shared legal custody is common
In scenarios where parents share physical custody or time with their children, they typically also share legal custody or the authority to make key decisions. Parents who share legal custody generally need to communicate with one another frequently about their children and reach agreements about major decisions.
Both parents usually have the right to make short-term parenting decisions during their time with the children. Significant choices with long-term implications, including switching the schools that the children attend, generally require the input of both parents.
Parents may need to share information about their children’s health or school performance and then discuss their options. If parents cannot agree on critical decisions, then a family law judge can potentially hear the case and rule based on what they believe is in the best interests of the children.
Seeking an appropriate allocation of parental authority or legal custody can be as important as requesting adequate parenting time. Parents who understand the basic rules that govern legal custody can seek appropriate custody terms and minimize opportunities for future conflict.
