Legal Question in Family Law in California
Where will our children go to school?
My ex-husband and I both have joint custody, both physical and legal, and I live about 30 miles from my daughters father, whom they see, every week, alternating days, how does the court system decide where the children will go to school, what do they base it on?
2 Answers from Attorneys
Reply: Where will our children go to school?
The underlying issue is the best interests of the children. I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Where will our children go to school?
Absent an agreement of the parties the court will make a decision on where the children will attend school based upon the best interest of the children. That is a legally correct answer that will probably give you very little quidance concerning how the court will make the decision. The court will look at any factor bearing on best interest of the children, including, the age of the children, where their friends will be going to school, which school is considered the best school by objective tests, which school will be the most convenient to both parties, which parent has been or will be the most envolved in the school issues, which school the children want to attend and countless other factors. There is no bright line legal test the will answer the question of which school is best for the kids. You may wish to hire a child custody mediator who will cost you and your ex less money in the long run than court hearings and attorneys. Start working on this issue right away because the courts aren't good at and don't like making rushed decisions on child sharing issues. Good Luck, Pat McCrary