Legal Question in Family Law in California
Can wife take child out of school on vacation for a month?
My ex-wife & I are divorced. I have sole Physical & legal custody of our child for 10 years now. She attends a private school. We share the cost. Now ex-wife wants to take child out of school for 5 weeks vacation during school period. I objected. She is taking me back to court to ask court to compel me to agree.
Is she entitled to pull our daughter out of school for such a pleasure trip?
2 Answers from Attorneys
Re: Can wife take child out of school on vacation for a month?
Not if you have full legal custody. Contact me directly.
Re: Can wife take child out of school on vacation for a month?
The court does have jurisdiction to order that the child be allowed to be with mother during that time. Given that you have physical and legal custody it does seem unlikely, however, the judge will make a decision based upon the best interest of the child. You may wish to get declarations from the teachers of how this will affect the child's education. Good Luck, Pat McCrary
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