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50/50 Legal and Physical Custody Fiasco

Oakdale, CA |

Currently, my children's father and I have court ordered 50/50 legal and physical custody. We have been getting along and making the best of the situation for about a year now. Until, the father without my consent enrolled our son in school provided speech therapy. I had sent the school district (in a different county) the court orders so they can see we have 50/50- and apparently it only takes one parent to enroll. The room full of the school professionals, the father, and the father's girlfriend clearly heard me say no. The father went ahead and enrolled him anyways. I did not want our children going to school up there because of the better school district in the county I live.

We have court in December to remodify, what I want to know is what their dad did going against our orders?

Attorney Answers 3

  1. I would like to know if your son required speech therapy and if so, why did you not seek it? This will be one of the issues the judge will want to know more about.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

  2. From the facts you have provided, it sounds as if your ex enrolled your child in a school in the district where he lives, but you wanted him enrolled in a school in your district. If this is correct, and you both cannot agree on which school to send your son to, the judge will be faced with a very difficult situation, and one of you will not be happy. If you do not live near each other, for example, then 50/50 physical custody will most likely not be sustainable, as your son must attend school somewhere, and school is 5 days/week.

    Generally the court will order a mediation about a contentious issue such as this so both of you can hopefully resolve this issue without the need for a court order. If a judge needs to decide, he will only consider the best interests of the child. If you do not want your son going to that school and want him to go to another school, your best bet is to provide the mediator (and judge) with facts that support your position. And if your son is receiving speech therapy then someone determined that he needs it, so perhaps you should look into these services at the school you wish him to attend and present to the judge the comparable, and maybe even better, accommodations that your school has to offer. Remember, the judge will only care about what is best for your son, not you or your ex, so present facts showing why your school will be best. Hope this was helpful. Good luck.

  3. the court is not going to spend time deciding who was wrong. Its going to spend time trying to decide what to do about the situation. On the one hand you have a school with a good reputation. But he has a school with speech therapy. if your son has been diagnosed with speech therapy problems then I think father has a compelling should consult with a family law attorney, experience, local, to help see if you can find arguments to help you.

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