Child Custody

questions & answers

Question: I have 50% legal custody and 15% physical custody of my son. Can my ex-wife take him out of his current school and move him to different school with out my permission?

Answer: The following is provided for information purposes only and should not be taken to be legal advice. To determine how the law applies to your specific situation, you may wish to contact an attorney directly. You may wish to read the article “Things You Should Know About Custody and Parenting Time” as it will answer many of the questions you have. According to that article “When the court grants joint legal custody, each of the parents has the same rights to make decisions about the child’s care and welfare and neither parent’s rights are superior to those of the other parent. In the best interest of the child, the court may direct that certain decisions be made by only one parent, even when joint legal custody is granted.” Generally this means that unless a court order states otherwise, you both have the right to make the decision where your child goes to school and neither of you has final say. You may want to refer to any court orders or agreements that are currently in place. These will often explain what is expected of each parent regarding decision making. If you want to make a change to an existing order, you can access forms online at your county Superior Court Website under the Self-Service Center link.