Legal Question in Family Law in California
custody and choice of schooling
I am the custodial parent. I have the
kids 26 days (including all school
days) and dad has them 4 days per
month (2 weekends). Dad has not
participated in any school activities,
including parent-teacher conferences
or my son--name removed--IEP (mild
learning disability) meetings. I would
like to move them into a hybrid
homeschool program offered by our
district that uses state-standard
curriculum and is monitored and
taught by certified district teachers.
The principal is also the district
Special Education director. I feel that
the kids would benefit from the
specialized attention, and emphasis
on independent learning. They would
still be on campus 3 days a week.
Their father has said he will not allow
it, and that I have to have his
permission. Our child custody
arrangement is joint-legal custody
regarding medical and education, but
he has not ever exercised this right
in 5 years. Is he legally able to
dictate their schooling?
1 Answer from Attorneys
Re: custody and choice of schooling
Since you have joint legal custody it takes an agreement from both of you to make the change. If you cannot agree then the court will make the decision. You can file a motion to ask the court to make a decision where your child will go to schooling. Since dad hasn't been involved in the schooling and IEP, you certainly have an advantage. You should get a written recommendation of the IEP or teachers. You should also have an attorney and file immediately since your hearing will not be until late August. Good Luck, Pat McCrary
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