Legal Question in Family Law in Ohio
who makes the decision residental or nonresidental
My husband and his ex have shared parenting, currently we are the residental parents. If his daughter wants to be homeschooled can we make that decision even if her mother says no.
she has very good reasons however her mother won't even consider it. Her father and i think that it would be a very good thing for her. i don't know if it matters but she also pays no child support and hasn't for the 2 and half years both the kids have lived with us.
Thank you
We are in lucas county ohio
2 Answers from Attorneys
Re: who makes the decision residental or nonresidental
This is the type of change in the parenting of a child that should be reflected in the parenting plan, even if the the adults were to discuss the matter and actually agree on it.
Re: who makes the decision residental or nonresidental
That depends entirely on the actual language of the shared parenting plan. If the plan is silent on the matter, and there is no means therein of resolving the disagreement, then you can home school the child as residential parent, but be prepared to defend your actions, and demenstrate why they are in the childs best interest at a future contempt hearing.
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