Can ex husband make education decisions for our 13 year old with out my knowledge or consent if I have legal custody

Asked over 1 year ago - New York, NY

ex is bipolar and is withholding child support as well.

Attorney answers (3)

  1. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Well, if ex-husband is withholding child support you can bring a violation or contempt proceeding in Family Court if warranted.

    This sounds like a similar question from someone else in New York asked within the past several days about a non-custodial parent with joint legal custody hiring a tutor without your knowledge, with the additional tidbit that your "ex is bipolar".

    That question was asked and answered by several attorneys. http://bit.ly/14UpHq6

    I guess if you have sole legal authority over educational decisions and not joint legal custody, if you're the person who was objecting to your ex hiring a tutor to assist your child, assuming he was going to pay for the tutor, what the basis of your objection is? Why do you leave out the detail here that hiring a tutor is an "education decision"? What is the basis of your objection to this decision? It would sound like it was in the best interests of the child if the child is struggling with school or some subject in school.

    It sounds like you are a litigious type of person, so, certainly on the support part you can prevail in family court, but as to the struggle about who gets to make "education decisions", I would be careful what you wish for, because it sounds to me like hiring a tutor is in the best interests of a child, unless you think the point is to humiliate or harm the child (or just like to call the shots, irrespective of the effect on the child's welfare)?

    I apologize if you are not the same person who asked a very similar question two days ago with some significant details omitted here.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  2. David Ivan Bliven

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The short answer is no. What decision did he make? If he owes back support, you should consider filing a violation petition. But at the least, write him a letter/e-mail clearly stating he is not to make such decisions without your consent. That said, I encourage you to address further questions or concerns at a consultation with a NYC Child Custody attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
  3. Marco Caviglia

    Contributor Level 20

    3

    Lawyers agree

    Answered . Based upon what you say, he cannot make these decisions, must pay you child support arrears, and if he is off his medications, perhaps explaining his behavior, you might be able to address that. For child support arrears, file a petition in Family Court, support for the arrears. For all the rest, file a separate petition in family court for that relief.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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