Legal Question in Family Law in California
How do I make sure that my 11yr old daughter does not have to change middle school? She is currently in 5th grade and will be entering 6th grade next year (middle school). I share 50/50 custody with her mother. I recently found out that her mother has been applying at different schools to see if she can get into them. We had a temp court order 3/11 stating "the court orders that neither parent is to change the childs current school pending further order of the court and/or written agreement of the parties." we went back to court to finalize the 50/50 9/11 and in the order it just gives verbage of joint legal custody and stats "all prior order not in conflict with the orders herein shall remain in full force and effect end of all other orders."
So I am able to use the 3/11 document so she can not disenroll her from her current feeder middle school? I want to make sure it just doesnt apply to elementy school as she has to move up. My daughter has a lot of social/emotional issues and I dont think it would be in the best interest to move her to a middle school where she know no one. We live in California is that makes a difference.
2 Answers from Attorneys
If the 6th grade is currently in the same middle school that she has been attending, it would appear that both court orders read together would suggest that the child not be moved without court order or written agreement. This is assuming that there is nothing in the May order that conflicts with that particular order from the 3/11 hearing.
BARRY BESSER
www.besserlaw.com
Your previous order remains in place. You may wish to remind the mother of this. You may also open communications with the school to advise that the school cannot be changed without a court order or the agreement of both parties. If an attempt to change the school is made, you could request a change in the joint custody order to allow you to make the choices.
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