Who has the child custody rights to make decisions about schooling? 7 Answers as of August 11, 2011

I moved away from the father of my child when the child was 5 1/2. Child born out of wedlock. He is now 10 and has been enrolled in my residence school district ever since. Does the father have a right to dis-enroll him from the school I am currently enrolling him in. He has the child every other week, which he requested about 2 years ago, but his residence is not in the school district.

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The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
There are two types of custody: Physical Custody and Legal Custody. In short, "Physical Custody" refers to the share of time the child spends with each parent and where the child llives. "Legal Custody" refers to the ability of a parent (or both) to make decisions affecting the health, education and welfare of the child. Your question does not indicate whether or not you two have a Custody order. If you do not yet have one, I urge you to get one so that any conflict about the child's schooling can be resolved. If you do have one, then the order should spell out who has "Legal Custody". Most often, legal custody is given jointly to both parents. In that case, you two must each agree on the school that your child attends: one parent may not change the school without the consent of the other.
Answer Applies to: California
Replied: 8/11/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Is there an existing case specifying who has legal custody (decision making authority)? If not, you are both able to make such decisions. Sounds like you may need a lawyer.
Answer Applies to: California
Replied: 8/11/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
The father does not have the right to disenroll your child from the school where he is. The Courts seek to maintain the Status Quo and if your child has friends in the district and relationships established, the Court will not allow him to change the school district. You should immediately contact an attorney to prevent him from changing your child's school.
Answer Applies to: California
Replied: 8/11/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
ANSWER: Decisions about school are made by the parent(s) with Legal Custody. Normally this will be both parents. If a parent has Sole Legal Custody then that parent alone may decide where the child attends school. When there is a disagreement that cannot be resolved, then court intervention is required. When dealing with a school issue it is imperative to make an application to the court for an Order at least three months in advance of the semester beginning because of the delays in getting to trial in a court. This will also avoid the expense of extra court hearings to expedite the process. However in life we deal with time constraints as they arise, and take the steps necessary to complete the task regardless of the hurdles involved. My best regards,
Answer Applies to: California
Replied: 8/11/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The answer to this question rests on how the legal custody arrangement is structured between you and the father. If the father shares joint legal custody, then there could be a conflict requiring clarification of the existing court order. If you have sole legal custody, then the choice if where the child goes to school would be your decision unless there is a specific order granting the father rights to participate in the school placement.
Answer Applies to: California
Replied: 8/10/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It entirely depends upon what the court order states as to who has legal custody. If you have joint legal custody then you both must agree on the school your child attends. If one of you has sole legal custody then that parent makes the decision as to schooling. If you do not have a court order in place that is a problem.
    Answer Applies to: California
    Replied: 8/10/2011
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