Legal Question in Family Law in California

School registration by non-custodial parent

My 13 year old step daughter has it in her mind to attend a high school outside of our district. Her father has joint legal custody, my wife has sole physical custody of the children. Can her ex-husband register the daughter in a different school without my wife's consent? He lives 30 miles away and would be unable to provide transportation.


Asked on 1/23/02, 2:01 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: School registration by non-custodial parent

No he cannot unilaterally register sthe child in his school. That is the simple answer, but the problem is more complex than the simple question. If that school is where the child wishes to go do school and is not allowed to go to the school by your wife she may decide that she wants to live with her Father who will register her in that school. She is old enough for the court to listen very carefully to her concerning which parent whe wishes to live with. You should sit down with her and talk over this situation and then talk to the Father.

this is Family decision time. While your wife has sole physical custody, that can be modified by the court. Joint Legal Custody means that the parents will work these issues out together. Good Luck, Pat McCrary

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Answered on 1/23/02, 10:54 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: School registration by non-custodial parent

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The answer depends on what is meant by "joint legal custody." First, read the judgment to see if it clearly defines what is meant by joint legal custody. If the judgment is silent on the meaning, the "rule of thumb" is that the status quo will be maintained unless the parties agree otherwise. If the status quo cannot be maintained (e.g., the child must move on to high school and the parties can not agree which one) then it will be necessary to go to mediation and/or court to get a determination. Try to work it out. Why would you want to spend money to have a stranger make a decision about your child?

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 1/24/02, 2:09 pm


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