Legal Question in Family Law in Oregon
deciding which school to attend
My husband and his x have joint 50/50 custody of my step daughter. She is now 5 and the parents dont agree on which school she should attend. We live about 25 minutes from eachother. How do you determine which parent has the right to decide on which school they will attend.
1 Answer from Attorneys
Re: deciding which school to attend
Easiest way is to just flip a coin. Whoever wins the coin toss gets to decide.
Joint custody involves the ability to JOINTLY reach a decision, such as which school the child is going to attend. If the parents cannot or are unable to jointly reach a decision on this issue, it indicates that joint custody is no longer working. The usual resolution in that situation is to take the matter back to court. The judge will then terminate joint custody and grant sole custody to one parent, who will then have exclusive decision-making authority. Alternatively, the judge could continue joint custody for all other purposes but give to one parent the exclusive right to make the school decision.
LDG
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