QUESTION
When sharing joint legal custody does both parents need to approve to put child in online schooling?
Asked on Aug 26th, 2012 on Child Custody - Arizona
More details to this question:
When it comes to schooling, and changing schools does both parents have to agree. The parent with physical custody puts child in online schooling, but the other parent disagrees, do they have any legal rights in court to have child put back in public school.
19 ANSWERS
Steven D. Dunnings
Yes.
Answered on May 28th, 2013 at 9:32 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 5:46 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You could go back to court if you feel that this is not appropriate, that it will not lead to graduation, or is bad for the child.
Answered on Sep 05th, 2012 at 8:27 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, shared parenting means shared decision making on the important decisions in your child's life, such as school. If the shared parenting plan says you must make school decisions together, then, if you don't agree on school, you have to go to mediation before resorting to a motion in court.
Answered on Sep 05th, 2012 at 11:15 AM
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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I'm not sure I completely understand the question but I would suggest you first look to the court orders for direction. If the orders are not specific, I think it is a safe argument to make that schooling of a minor child is a legal decision which should consider both parents where there is joint legal custody.
Answered on Sep 03rd, 2012 at 11:09 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I would need to see the dissolution judgment.
Answered on Sep 03rd, 2012 at 12:50 PM
Dennis P. Mikko
Yes, both parents would have to agree or one of the parents would have to petition the Court and let the Court decide the issue.
Answered on Aug 31st, 2012 at 11:20 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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That is an issue that probably would need to resolved in Court. Does the other parent have sole legal custody.
Answered on Aug 31st, 2012 at 3:07 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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Choice of schools, and the manner of education is a classic joint legal custody issue, that is, decisions should be made together. In case of a dispute, you would have the right to bring the issue before the judge.
Answered on Aug 30th, 2012 at 9:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, choices concerning a child's education would be considered major decisions requiring agreement of both parents if there is a true "joint legal custody" situation. The starting point for an answer is your court ordered parenting plan or custody decree and how that is interpreted based on applicable statutes. If state law provides that education is a major decision requiring both parents to agree, then it will be up to a judge to make the final decision when they disagree.
Answered on Aug 30th, 2012 at 12:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, if there is an irreconcilable issue, the court will have to make the decision.
Answered on Aug 30th, 2012 at 12:15 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Joint legal custody provides that both parents must jointly make decisions that effect the child. The child's education effects the child and needs to be agreed upon by both parents. One of you will need to file with the court and have a judge decide if you are unable to come to a mutual agreement. If there is tuition required to attend online school the court will generally not order the non agreeing parent to pay any of the tuition costs.
Answered on Aug 30th, 2012 at 12:05 PM
Melissa Kay-Peterson Roudabush
Schooling is one of the big components of legal custody. If you object to the placement in online schooling you absolutely can object in court.
Answered on Aug 30th, 2012 at 12:05 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, for shared parenting there is a residential parent, with whom the child lives most of the time. The residential parent determines the child's school be it in the community or online.
Answered on Aug 30th, 2012 at 9:46 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It depends on what your parenting plan says in Washington regarding joint decision making on education.
Answered on Aug 30th, 2012 at 9:45 AM
The non-custodial parent could file a motion with the Court, but ultimately the Court make a determination of what is in the best interest of the child. The Party that effectively can show the Court that their desire is in the child's best interest likely will prevail.
Answered on Aug 30th, 2012 at 8:51 AM
Glen Edward Ashman
That depends on the tiebreaker language that your attorney certainly would have included in the parenting plan and you didn't tell us what that language (which answers the question) says.
Answered on Aug 30th, 2012 at 8:39 AM
1 Award
Joint legal custody provides both parents the legal right to decide how the children will be brought up. This includes decisions about education. You may petition the court for a hearing regarding school issues. You will be required to attend mediation with the other parent prior to the hearing.
Answered on Aug 30th, 2012 at 8:39 AM
In a joint legal custody situation, the parents must agree on decisions regarding educational matters, unless the orders specifically give one of the parents the ability to make the "final" decision in the event of a disagreement.
Answered on Aug 30th, 2012 at 8:34 AM