Legal Question in Family Law in New Jersey

Does my ex need to agree to a change in schooling?

I have an 11 year old daughter. Currently she attends parochial school. I would like to switch to home schooling for as I believe she will receive a better education without the negative influences that middle school children are exposed to these days. My daughter is in favor of home schooling. My daughter's father is not for it. The reasons he is against it change. According to our divorce decree we have joint custody and are suppose to consult each other with decisions. She lives with me. He is not involved with her current school life at all. My questions: Can I start home schooling her without going to court to get an order to do so?

Thanks


Asked on 5/29/05, 3:56 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Change in schooling

The manner in which a child is educated is one of the most major decisions that parents will make. Since you apparently share joint legal custody, in my opinion, you would be in violation of the current arrangement by changing her schooling without the consent of your ex. That does not mean, however, that you might not be able to convince a Court that it would be in the best interest of the child to do so. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 5/31/05, 3:16 am


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