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!
4 Answers from Attorneys
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
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
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.
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.