Who has the final decision as to where the children are schooled?
Question Details:
Enrolled children in public school on-line. Ex does not want them schooled at my home. He says that I violated the divorce decree by not sharing in decision making rights. We discussed it and than I made a decision. The school they are enrolled in is an at-home public school, supported by school district. I have children Monday through Friday 6:00 am to 5:00 p.m.and every other weekend. Is he right. He is also suing to have primary physical custody. He says that I cannot provide a stable and appropriate living environment. I have no money for a lawyer, are odds in his favor? His child support went up, recently.
If you have primary residential custody, even with joint legal custody, you have the "tie-breaker," and most family courts will refuse to intervene in basic parenting decisions without a very good reason that involves potential harm of some sort to the children. You haven't mentioned why your ex-husband says that your school isn't appropriate, or what facts (or supposed facts) he has that would suggest your home isn't a stable and appropriate one for the children. But judges know that a custody change is hard on children, all by itself, and won't order it unless there's a real showing of abuse or neglect.
I think the child support increase might have a bearing on his motivation. You are going to have to respond to his motion, in writing, and go to court to argue your case to the judge (the papers served on you should tell you the deadline for your papers, and when the court will hear the motion).
