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How does a judge decide on what school a child will go to if both parent's cannot agree on a school?

Phoenix, AZ |

Mom wants child to go to school across the street from her home 59ft away..while father is 23.6 miles away (just one way) ,round-trip is 47.2. Father wants to pick a school half way between both parents.

Attorney Answers 3

Posted

... by applying a best interest of the child standard to the question.

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Posted

You need to look at your Decree of dissolution first and see how theses issue are suppose to be resolved when you can not agree. You need to follow the decree if it has a method to solve this issue. If it is still not resolved it then you can go to the judge. It depends on the judge how they handle the issue. Some will make the decision based on the best interest of the child and other's will give the power to one of the parents to make the decisions. You need to start the process now if you need the court to intervene because the courts calenders fill up far in advance. I would contact an attorney in your area and bring the decree with.

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Asker

Posted

Decree says both parents have to meet with a mediator but mom is skipping that part and going straight to court. Her reason is "time" school is around the corner. Dad feels child is not ready as he is barely turning five in late August.

Jessica M Cotter

Jessica M Cotter

Posted

If she has filed already then the court might dismiss it if you did not go to mediation , or they will set a hearing and then send you to mediation and set a trial. It depends on the judge.

Posted

If your Decree specifies that the matter be addressed by a mediator, then the mediator will decide, weighing all criteria. The best interest of the child is always the basis for a decision.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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