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Can my ex take my kid out of school to get home schooled and not need to involve me if we share joint legal custody.

Las Vegas, NV |

He has primary physical custody. I just found out he is having her home schooled by his sister. She is also living with his sister and not with him. They kept this from me for months. She finally told a family member that she and her daddy had a secret. {that she is being home schooled}He never discussed this with me. Also he did this 15 days after we had gone to court where he had asked for Sole custody but was denied.

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Posted

As a joint legal custodian, your ex is required to involve you in any decision regarding education. If you cannot reach an agreement, he would be required to petition the Court to change whatever the status quo was (i.e. to change schools or leave school for home schooling in this case). He would have to prove to the Court that home schooling is in the best interests of the child. This may be very difficult unless he has a detailed plan in place. The fact that he never raised it when you were in Court and did it anyway will likely anger the judge. The keeping of a secret is also a problem. My guess is that he will lose any bid to remove the child from school without your consent. You did not provide the age of the child so it is harder to analize the issue. Technically, he is in contempt of the order for joint legal custody. You should file a motion immediately. The longer you wait now that you know, the more it will look like you consented or acquiesced.

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She is 9 years old. The reason it took a while to get to the bottom of this issue is because I pick her up on Fridays for the weekend. I also recently moved to the area where she was going to school because I lived in a different part of town and my picking her up after school was coinciding with my 6 year olds release time from school. .So I moved to have them both in the same school. I went to the school and found out she wasn't there. Also I think having to keep it a secret was affecting her emotionally.

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Posted

Also I have to mention that the school advised him against it since she was so far in to the school year. when I asked him why he did it he answered " she wanted to be home schooled".

Posted

Clearly he "can" do this, as he has done it. The question becomes what consequences there will be as a result. You should have been consulted, and you weren't. That is a problem. However, as a joint legal custodian, you also should have been keeping up with your child's schooling on your own, and if you had been, this would have come to light sooner. You should also have visitation rights, and you either are not using them or the child is not comfortable seeking your help or telling you the truth, especially if she is not even living with her father. The way this has come about is quite suspect. You do have legal options and remedies available, but they are not clear cut under these facts. Best option is to bring your court orders to an attorney to discuss what they say, what violations there have been, and what the next step should be. Do not delay. Now that you have this information, you are obligated to act, and any failure to act can easily be considered consent/acceptance.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

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Thank You

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