Legal Question in Family Law in North Carolina

My ex and I have joint custody of our son. We made it 17 � years without a standoff about his care until now. His father is sending him to boarding school (the documents are being completed at this time) from a Wilderness Camp and I strongly disagree with the approach to the decision. I�m in a lose-lose position, at this particular point in time, and my ex nor myself have had any contact with my son (based on the program rules) so the battle has been raging outside of his knowledge. To prevent pure chaos for my son, I have declared that I do not agree with the approach, will not fund nor have funds to support this decision, but will work with my ex on the transition process and continue my primary care role. My chief concern is �Can my ex make any decisions about my sons care, with the boarding school or other, without me having a legal leg to stand on or ability to weigh in on any decisions made for my son's care (e.g., amount of communication with home, non compliance consequences wavier �etc)?� If there is something I should be concerned about but didn�t ask please include  Best regards.


Asked on 5/31/10, 10:12 am

1 Answer from Attorneys

You indicate that you have joint custody. Legal, physical or both? Legal custody entails just the sort of things you are asking about - decisions, like where the child will go to school. Who has primary physical custody of the child? Do you have a custody agreement and what, if anything, does it say? Would it be worthwhile to file a motion with the court?

This is not a proper forum to discuss these issues. If you want to provide me with more information, please feel free to contact me or another family attorney in your area.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

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Answered on 5/31/10, 9:38 pm


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