What are my rights as the primary custodial parent? 4 Answers as of August 14, 2013

I share legal custody of my almost 3-year-old daughter. I have primary custody at an approximate 70/30 split. I live one hour north of her father. I have tentatively enrolled my daughter in preschool part time only during my parenting hours and she is set to begin in September. Her father and I have not discussed it at this time. I plan to notify him and give him full legal access. He and I "parallel parent" at his request and have been defined as high-conflict, although I feel that is not the case. I need to know if I'm legally in the wrong, and how to proceed. Our court order is worded as such. "Legal custody: Parents share joint legal custody, which means that parents shall share the rights and responsibilities to make decisions relating to the health, education, and welfare of the child. And consult each other in regards to enrollment and disenrollment in school...." I plan to send the following email, is this sufficient for his consent, and if he says no, does that mean I have no rights to enroll her even if it's just during my parenting hours? “I would like to start - at (name of school) preschool in (my town) part-time during my parenting hours only. Her start date would be September 4th. Please be aware that you would be listed with full legal access and if you would like to set up a tour and meet her teacher you are welcome to do so. If you have objections after doing this, please let me know prior to her start date, at which time her monthly tuition will be paid in full.” What are my rights as primary custody parent. Since it doesn’t interfere with his parenting time, and he can be involved, would he still be able to deny her the chance to go? Also I am not asking for him to pay any of the fees.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes I believe you handled it correctly to notify him and most of the orders state that if the Parties disagree the Party with primary physical custody is granted the right to make the final decision.
Answer Applies to: Georgia
Replied: 8/14/2013
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
I would send Father your email and see what his response is. It sounds very reasonable. If he strongly objects (I can't imagine why he would) and you proceed to enroll your daughter, then the burden is on Father to file something with the court to try to restrain you from doing what you are doing. I always say "stay focused on the best interest of the child and you cannot go wrong". That is exactly what the court is mandated to focus on, and preschool offers social and educational opportunities that should enhance the welfare of the child.
Answer Applies to: Missouri
Replied: 8/14/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 8/14/2013
Diane l. Berger | Diane L. Berger
If you enroll your child in a pre-school which does not interfere with the child's father's parenting time and you are not asking him to contribute to the cost, I believe you are absolutely within your rights to enroll her. The e-mail you suggest seems very appropriate to me.
Answer Applies to: Nebraska
Replied: 8/14/2013
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