Legal Question in Family Law in Colorado

Who Determines Where a Child Attends a School

My Ex wife and I have joint custody of my 12 yo daughter and my daughter lives 50% at each household. We do not agree on where my daughter will attend middle school. One school is close to my house that I am purchasing and have lived in for 10 years. The other school is close to where my ex has recently rented a house. How do we solve this?


Asked on 3/10/08, 3:54 pm

1 Answer from Attorneys

Re: Who Determines Where a Child Attends a School

First you need to look at your parenting time orders to see if you both have joint decision making for educational choices. If not, then whomever has that authority gets their way.

Assuming that you do have joint decision making, you next need to look at what your papers say about resolving future conflict. Most Colorado orders entered in the last several years provide that the parties will try mediation before going to court. If yours do not specify, then it up to you both to decide whether to try mediaiton first or go straight to the court for a determination.

I generally recommend mediation in these situations. It is more effective than you might expect and is far less antagonistic than the court room. Thus it better preserves your ability to continue communicating with your ex-wife, which is the best gift you can give your daughter.

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Answered on 3/10/08, 8:35 pm


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