I have 50/50 joint physical and legal custody of my child. My child would really like to go to school near me (about 10 minutes from the current school). My ex refuses to even have any conversations about the subject with anyone - myself, the child, or even my exe's significant other. My child is 10 and asked me to try to do something. I take the most interest/involvement in my child's education - going to all the teacher conferences, programs, education/orientation nights, etc. while my ex doesn't. I volunteer at the school and I have been involved in getting my child into the GT program. Both schools in question are in Howard County, which has an excellent school system, although the school the child currently attends is ranked slightly higher. While my child has attended that school for 4 years, she is switching to middle school anyway and has many friends here. Being only 10, I don't think the child gets to legally choose for themselves (do they?). So if the other party isn't allowing the 50/50 joint legal custody to include joint decision making, is there a way to get a tiebreaker and how is that decided? I want to make sure we have a case before retaining a lawyer.
The only one they belong in is the house they sleep the most nights out of 365 in the year. Previous year if dead tie in.leap year.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
The issue is one of joint legal custody, which does not relate to the number of overnights with each parent. Since you and your ex have joint legal custody, if you are at an impasse, you have to look to your separation agreement and/or court order for guidance. If the agreement/order requires you to go to mediation to try to resolve differences in joint legal custody (of which education is a component), then you need to do that first. Otherwise, you would have to file a motion to modify legal custody with the Circuit Court. The request would be for you to be given the tiebreaker as to legal custody of education issues or, in the alternative, for you to be given sole legal custody. You need to get on this asap so that it can be resolved by the start of the next school year.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
I agree with Mr. Martino. I would add that depending on how far you and the other parent live from each other, it may be a matter of changing physical custody (as 50/50 physical custody may not be appropriate during the school year depending on how far the two of you live from each other).
The content provided herein is for general information purposes only. This information contained within is not legal advice, nor is it intended to be. This information does not create an attorney-client relationship. You should not act upon information contained on this site without first seeking advice from an attorney.
Joint Legal Custody means that the two parents must consult together on all major decisions before any decision can be made. If making such decisions is impossible because the other parent will not consult with you, then a judge might award you with tie-breaking authority. However, before you do anything, you really should consult with an attorney, go over all the facts and law, and your attorney can give you guidance regarding the most effective strategies. I see you really do care about your child. Now, you must take the necessary action your child needs.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
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