Legal Question in Family Law in California

Joint custody and education choices

My ex husband and I have joint custody (50-50)

of our 2 children. My son will be going to highschool

next fall. I want him to go to the local puglic high school

near our houses. He wants him to go to a private

high school (7 miles away). Legally, can he

bypass me and enroll my son in the private high

school without my signatures on the enrollment

forms? Or would it require my signature also

since we have joint custody?


Asked on 11/15/00, 1:08 pm

2 Answers from Attorneys

Diana Mercer Peace Talks Mediation Services

Re: Joint custody and education choices

Both of you have to agree in order for either of you to enroll the child in school....but as a practical matter, the school might not figure that out until too late. Then your child is embroiled in a battle between you, his dad, and the school. Not good.

Have you considered mediating the issue rather than continuing to fight? And what does your son prefer? Have you both considered that? How does each school fit into your goals for him, and your son's goals for himself? If the 7 mile distance is an issue, is there an alternative way to provide for transportation that would make that issue easier for both of you? There may be a lot of middle ground here....if you'd like to try mediation and your husband would agree, I'll bet you could finish this discussion in an hour or two. If you're local to LA, I'd be willing to give you a free hour to see what you could accomplish (both together in the room). Otherwise, Mosten Mediation Centers have facilities all over the state. They have a web site at www.mostenmediation.com.

My web site is www.peace-talks.com

Good luck.

Diana Mercer

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Answered on 11/22/00, 4:09 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Joint custody and education choices

I don't know if this is a consideration or not, but the usual rule when parents are in disagreement over whether to put a child in private or public school, the court will usually consider a private school to be a luxury and if the court allows a parent to enroll the child in a private school, the parent wanting a private school will have to pay for it 100 percent.

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Answered on 11/30/00, 2:33 am


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