Home > Legal > Questions & Answers > Child Custody > In a shared (50/50 physical/legal) custody situation can the custodial parent take the kids out of a class w/o notice?
In a shared (50/50 physical/legal) custody situation can the custodial parent take the kids out of a class w/o notice?
I am in the process of divorce. We share custody 50/50 physical/legal. Can my husband take the kids legally out of their Saturday educational class w/o notice? He also does not follow items in the custody agreement...what are my options?
When you say you share custody 50-50 do you mean that there is a temporary order of the court, or that you are operating in this manner by agreement?
If there is a court order as your divorce proceeds, does the order give any guidance to how you behave with the child's Saturday classes (and other activities and areas of decision-making for that matter)?
Do you both have attorney's? Is your divorce assigned to a judge?
If there is no court order and you have equal decision-making rights, then you will have to either convince your husband / husband's attorney that his actions are detrimental to the child and that if his behavior continues that you will seek court intervention.
If there is an assigned judge, you can show the Court how your husband's behavior is detrimental to the child's best interests.
If his behavior is truly adverse to your child, you can involve the Court by making a "motion" - a written application to the court to stop your husband's behavior. As a part of this motion, you probably want to request that you have sole legal custody (all decision-making) during the pendency of the divorce.
Good luck.
When you say you share custody 50-50 do you mean that there is a temporary order of the court, or that you are operating in this manner by agreement?
If there is a court order as your divorce proceeds, does the order give any guidance to how you behave with the child's Saturday classes (and other activities and areas of decision-making for that matter)?
Do you both have attorney's? Is your divorce assigned to a judge?
If there is no court order and you have equal decision-making rights, then you will have to either convince your husband / husband's attorney that his actions are detrimental to the child and that if his behavior continues that you will seek court intervention.
If there is an assigned judge, you can show the Court how your husband's behavior is detrimental to the child's best interests.
If his behavior is truly adverse to your child, you can involve the Court by making a "motion" - a written application to the court to stop your husband's behavior. As a part of this motion, you probably want to request that you have sole legal custody (all decision-making) during the pendency of the divorce.
Good luck.
