Legal Question in Family Law in California

I have a legal and physical custody for my son 50/50 with my ex husband. Now I am trying to transfer my 7. y.o to a school close to me because it takes me 1,5 one way in the morning to bring him to the school he is in now. It's not too far but the traffic is really bad. But my ex is against it. So I have two questions

1. My ex enrolled our son to the current public school ( the one that close to him) without my concent. He did tell me he will do that but I didn't sign anything. Is it legal ?

2. If I unenroll my son from his current school, can he stay home until we have a court ruling for that?

I have a 3 m.o. And ithe driving is very hard for everyone. I spend 3+h just on school commute.

Thank you.


Asked on 10/07/14, 10:03 am

1 Answer from Attorneys
Michael Hulshof Michael Hulshof

Like most legal answers it depends. I do not have a copy of your current orders so I am not sure if it gives one parent authority to enroll your child in school. Regardless of that the worst thing you can do is take your child out of his current school. The court determines every custody order based on the best interest of the children, regardless of the inconvenience of the parent. It is clearly not in the best interest of the child to simply not go to school until an order can be made. This action could result in a significantly lower timeshare with the child for you.

My next question is this a school that your child has been going to. How far does the father live from the school? Would changing schools shift the burden on him? Can your child ride the bus? All of these questions matter. You should consult an attorney in your county as you want to make a good decision.

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Answered on 10/13/14, 10:59 am


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