Legal Question in Family Law in California

I need to get a written agreement for my son to attend private school. My attorney on the case is on vacation in Italy. The attorney scheduled this hearing at his convenience but failed to let me know he would be out of town and unavailable for legal advise. I need help.

Background: I enrolled my son in private school at my expense since I emailed, called his father regarding this matter. He even changed his email. He took me to court exparte stated as a teacher he expected our son to attend the local jr high without any discussion since it is a "feeder school". The judge stated "I should have call every day and keep our son out of school until an agreement was done" and if it is the feeder school he would go there automatically. I spoke to the district and they said both are half truth; yes the elementary feeds into the jr high but if I do not register the child prior to the first day he will not attend. If he is not registered his file goes to the district and in 30 days they call to see where the child is. Also if the jr high is impacted the child may go to the nearest district school with room. It is "more of a priority than automatic".

My ex went to see the school and his only comments per administration was billing. He wants the school paid in full to agree. I sent the school a check but they cannot cash it until he signs an agreement of attendance and noninterference. I would be out the full tuition and my son will move school(he loves where he is at for once), and court fees(to legitgate-monies, schools). Help my attorney is gone. This is quite costly. What do I say on the agreement and how can this be emphasized without more court cost.

When does my child get a voice and how do I get this done. It is about him.


Asked on 9/25/12, 11:06 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

There is no simple answer to your question cannot be given without more information and is beyond the scope of internet. The terms of the custody order and other factors must be known and considered. The attitude of the judge is also a factor to be factored into the mix. Under the current law a child 14 or older has the right to be heard. The court generally does not want the children involved in the hearing process. A consultation with a local attorney is your best option.

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Answered on 9/27/12, 7:31 pm


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