Is it possible for my ex to take our 5 year old away from me all because he wants him to go to a Christian school?

My ex did an ex parte because he wants him to go to a Christian school but the school is 25 mins away,he wants to go to school with his brother but says he cant because his dad says it’s not a Jesus school. What do I do? He has a lawyer and I don’t so iI need all the advice I can get.

Asked on August 31, 2011 California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Can you qualify for legal aid or legal services?  Then I would go and seek their help as soon as possible.  First of all, what does your custody agreement state?  Does it state that decisions regarding his education are made jointly?  Did he so state that he ants him to go to a religious school?  He surely must have known that when you were negotiating the terms.  25 miles is a LONG way for a child to travel to go to school.  How will he get there?  Will it cost more money?  Who will incur that expense? What will happen if he gets sick?  Who can pick him up in an emergency?  What if both children are sick?  Are you Christian?  How are the kids being raised?  Are the philosophies against your beliefs?  This is some ammunition but please seek help.  Good luck.

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