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Winning a custody case against a Jehovah witness father? back to court

Salem, VA |

at moment we have joint legal custody and physical custody to me the mother, he is agains my daughter daycare ( one because he does not want to pay childsupport and daycare does raise his childsupoort a little) and second because J.W. are not allowed to hang out with other people outside their religion, my daughter has been raised outside JW all her life her father started going there 3-4 years ago and did not took it seiously until now. he is against many things like holidays, birthdays and blood transfussion( this was taken care off last court order 4 months ago) I am now fully allowed to make medical decision regarding her medical and dental decision, he never mentioned the daycare on our last court battle now he wants to keep my daughter with his mother in law ( JW) and we are going ba

Attorney Answers 1


It is unfortunate that you and your child's father are not on the same page, and that you have to go back to court. I don't practice in the Salem courts, but my experience in the Hampton Roads area has been that the judge's leave the decision making for day-to-day things like day care to the parent who has primary physical custody. In fact, one judge in particular tells the non-custodial parent that the primary caregiver "has the majority vote." Also, if day care is in place, and that is the routine your child is used to, her best interests are not served by a disruption to the routine.

If your daughter is in day care on your custodial days, it's your choice whether she goes to a private provider, a church program, the YMCA, or other facility. You don't have to use his mother-in-law just because she's available.

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