Legal Question in Family Law in Massachusetts

if I shared legal custody of my children how can I prevent my ex from enrolling my child in a new school without my consent


Asked on 7/08/14, 12:46 pm

2 Answers from Attorneys

Assuming such decisions require both parents to consent,. if she does so without your consent or consultation, then you can file a contempt complaint with the Probate and Family Court and seek to have the child removed from that school.

In the interim, you can send a letter to her (certified mail return receipt and regular mail) informing her that you do not consent to her enrolling your child in that school and if she does so she will be in contempt of your separation agreement (assumes you have one).

However, you will need a good reason to seek a decalartory judgment or court order for not allowing the child to attend the school in question.

I suggest you meet with a divorce and custody attorney in your area.

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Answered on 7/08/14, 12:54 pm
Bill Farias Law offices of Bill Farias

You would have to file a complaint for contempt on the grounds that both parents are to be involved in major decisions such as schooling and he is making the decision unilaterally. Depending on the circumstances, you may also need to file other documents. You should really get a consultation on this.

The first step, however, is what Attorney Roth suggested, which is to send a letter via certified mail making your position clear and asking for his cooperation.

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Answered on 7/08/14, 1:32 pm


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