Legal Custody - a quick example

From a recent question/answer session on family law:

Question:

How does Legal Custody work?
My sister is divorced, and she and her ex-husband have joint legal custody of their 7 year-old son. He has attended a blue-ribbon private school for the past two years, and he is thriving. He absolutely loves his school, which he attends with his cousin, who is his very best friend.

His father wants to switch him over to public school, and has provided only a few (and in the mother's and my opinion, ridiculous) reasons to do so. The mother is the one who takes their son to school, picks him up, does all the volunteer hours, attends school functions, aids with homework, etc. The father has done NOTHING concerning the child's education so far, other than paying all the tuition the past 2 years (in lieu of the $300/month child support that is in the separation agreement, I might add!). The mother is willing to pay the ENTIRE tuition herself.

Can he force her to send her child to an inferior public school under these conditions?

Answer:

Legal Custody Explained
Force the matter? Perhaps. The controlling issue here is not who pays what, but rather who has legal custody. Decisions regarding education, religion, medical matters, etc. are controlled by the custody agreement -- under the title "legal custody". If mom has "sole legal custody", then she can dictate precisely where, when and how the child will engage schooling. If the matter is joint, than dad has a say, too.

In the end, mom can probably just keep the kiddo in the school. If dad is unhappy, he will have to file to enforce his view. If he has joint custody, he only needs to argue the equities of the different schools. If mom has sole legal, then he has to first prove he should have a say, and only then, if the court agrees to modify "sole" to "joint", can he argue the equities of the schools.

As to the equities of the school -- the child's two year history with the school, relationships with peers, and academic success are all key. These are strong arguments.

If you have any questions regarding legal custody -- give us a ring! 703-402-2723.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

So you are a witness...

For some people, there is great anxiety in appearing in court. This is especially true if the case in question revolves around you personally. Always a challenge! However, as trial attorneys, we have learned a few tricks that make appearing in court easier. Specifically, what the heck happens when you "go on the stand" -- this article will talk about immigration court, and state court specifically (criminal law, and family law), but it applies to any hearing where you are in adversarial proceedings.

The key thing to remember about testifying is -- everything you say can and will be used against you. It is the job of opposing counsel (or the state, in criminal cases) to try to learn everything he/she can about you, and then use that information against you, or against some individual in the trial.

Remember, you are speaking under oath. That means, if you lie, bad things can happen to you. Perjury is the act of lying under oath (to perjurer one's self).

What do attorneys ask of their clients? We want you to do the following when answering opposing counsel:

• Answer only the question asked.
• Keep your answer simple. Provide as little depth as possible to what is asked.
• Be polite, and always respectful.
• DO NOT be evasive or argumentative.
• Stick to the story! Remember, prior to trial you will have already chatted with your attorney and described what happened. Don't change things!
• If you get confused or don't know what to say, look at your attorney so he/she can object to buy you time.

Whenever possible, site (mention) supporting documents. Use outside evidence to bolster your story.

The VirginiaCLE website has a useful summary:

Witnesses must come to understand that there is no "truth" unless it is proved in court by persuasive evidence. An online definition of "finding of fact" reads, "the determination of a factual question vital (contributing) to a decision in a case by the trier of (jury or judge sitting without a jury) after a trial of a lawsuit, often referred to as findings of fact." And yet, the definition of a "fact" is variously "the quality of being actual," "an actual occurrence," or "a piece of information presented as having objective reality." A person limiting herself to presenting Sergeant Friday's "Just the facts, ma'am" will be presenting subjective observations as perceived by her, not unassailable truths.

Remember, work with your attorney to practice and test your statements. Tell the truth, but be ready to be thorough and be questioned. You can do this!

Do you need trial help? Call us now to get prepared for your hearing. It can make the difference between success and failure.

S

Sean R. Hanover, Esq
HanoverLawPC.com
Contact Us
703-402-2723