QUESTION
Is there mediation in a joint child custody schooling issue? How?
Asked on May 20th, 2015 on Child Custody - Washington
More details to this question:
I am wondering about the following: We have joint physical and legal custody of my step-son, his mother and we live in two different school districts. Initially we agreed he should go to her district because we believed it to be the better school, but he has been having behavioral problems at this school and the principal has been difficult to get a hold of and speak with and therefore we don't feel our child's best interests are being served at this district anymore. We have driven him back and forth half the week for the first semester and he is only in Kindergarten. We would like the mother to consider letting him attend our school district for the 2nd half of kindergarten to see if he does better in a smaller school environment. She would not have to drive him to school as bussing is available for her to our school district and she is refusing to even consider this option. We feel this is very unfair that we have driven him to school believing it to be in his best interest, but she won't even consider changing schools even though it will not inconvenience her at all in regards to driving him to and picking him up from school. Her main reason for wanting to keep him at that school is that his older brother attends there - but he has also had issues at that school. We have a daughter who attends our district so our son would still be going to school with a sibling in our district. We don't want to change custody, we just wondered if there was some kind of impartial mediation to help with this issue, so that we feel our side is being fairly heard and considered.
4 ANSWERS
4 Awards
To change the schooling provision, either both parents need to agree or your spouse would need to file a complaint to modify. To modify, you would need to prove a material and substantial change in circumstances has occurred and the change is in the minor child's best interests. Generally, your spouse should look at the current parenting plan - many of them require mediation to be attempted (and mediation will certainly be required if/when a modification is filed). Offering mediation first may assist in this area.
Answered on May 20th, 2015 at 4:35 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The only way to force an unwilling parent into mediation is by a court order. You may want to consult a local lawyer to assist you in bringing the motion to make the change. In most counties, the judges will then order mediation.
Answered on May 20th, 2015 at 4:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can bring your contentions to use of the court, friend of the court, or potentially agree on a mediator the which you both have continents in and ask him or her to make the decision. Such issues are generally quite complex, require expert testimony, professional opinions and you are at a disadvantage given the fact that the school presently being used was by agreement of the parties. I would suggest you talk to an attorney about this before you undertake it.
Answered on May 20th, 2015 at 3:24 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your husband's parenting plan provides for a dispute resolution process. That is what you must use to decide this kind of issue. Aside from that, if the kids are having trouble in school, a child therapist seems like a more appropriate solution than switching schools.
Answered on May 20th, 2015 at 3:23 PM