Legal Question in Family Law in California

My ex and I have 50/50 custody of our children, but we disagree where to send our daughter for kindergarten. I own my home in one school district and he lives with his parents in another 30 minutes away. I have explained my reasons to him, but he seems to not be phased and insist that she'll attend school close to his parents. What should I do?


Asked on 2/24/11, 8:44 am

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

This is a common problem when children reach school age. It is a problem because when the parents live apart, the back and forth trips become more of a burden when the child has to be at school at 8 or 9 in the morning. If this situation is brought before a judge, normally the parent living close to the school ends up becoming the primary custodial parent.Iif mother and father cannot resolve the issue, a post judgment motion or Order to Show Cause may be put before the court. There will be mediation and if not resolved, the court will make a decision based on best interest of child - considering quality of school, home life etc. So answer is file an OSC with court - use an attorney if you can. Contact me for more info about using an attorney.

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Answered on 2/24/11, 9:58 am


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