Legal Question in Family Law in New Jersey

Joint Legal & Physical Custody

Facts: A divorced couple with joint

legal and physical custody of two

elementary-aged children; children

attend public school and are performing

well.

Dilema: One parent has decided that

the soon-to-be sixth grader should

attend a private middle school. The

other parent feels that a private school

is unnecessary.

Can parent A sue parent B to legally

demand a private school?

Thank You in advance for your prompt

response!


Asked on 12/09/06, 3:36 pm

4 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Joint Legal & Physical Custody

Yes, the parent can "sue", meaning that she can file a Motion to seek a Court Order to require that to happen. Whether she will win is another question. That depends on whether the Court feels that this would be in the best interest of the child.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you

take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 12/09/06, 5:23 pm
Gary Moore Gary Moore Attorney At Law

Re: Joint Legal & Physical Custody

If the parents are unable to decide a motion could be made so that a judge could decide the

question. You seem to have cut the proverbial baby in half instead of compromising for the best interest of both children. A judge is really

no wiser than you are but will have more power. You might not like the judge's decision.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/09/06, 5:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Joint Legal & Physical Custody academic decisions

The goal of joint physical and legal custody is that both parents decide these issues jointly. The risk of returning to court and seeking modification is to change this status. You may find that a guardian or investigator is appointed.

I assume your ex has a reason for her decision, a point you have not described. This could change the opinion of me and others who respond to your query.

If you have more information, feel free to contact me.

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Answered on 12/09/06, 8:49 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Joint Legal & Physical Custody

Pretty simple case. Not sure you really need an attorney for it. First, is the dispute over who will pay for it? If there is some income disparity between the parties, than that could be an issue that prevents the child from going. However, if it just comes down to the child going to the school or not, it should just come down to what is the benefit of uprooting the child from his friends and comfort with the current system? In addition, what is the child's wishes? This is a common sense argument, not really a legal one.

However, this shouldn't be an expensive process so if you want an attorney, it can't really hurt to get one. If you have any more questions, feel free to call me at 732/247/3340 or email me.

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Answered on 12/09/06, 9:04 pm


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