How do the courts decide where a child goes to school in a 50/50/ custody situation?

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How do the courts decide where a child goes to school in a 50/50/ custody situation?

My ex and I live 25 miles apart. My daughter currently goes close to him because that is where she was going at the time of the divorce. I live in a better school district and want her to switch or change when she starts junior high. I know my ex will have a problem with this. Do I have any rights on this issue?

Asked on August 24, 2011 California

Answers:

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

Answered 10 years ago | Contributor

Your custody and visitation agreement needs to be read in order to fully understand what you have agreed to here.  Does she currently split her time between you and he and still go to the same school now?  How is that working?  Generally speaking, you and your spouse have the same rights to your daughter and to make decision on her behalf.  I am sure that your agreement states that.  Her schooling is one of those decisions.  Ifyou want to have her change school districts then you are going to have to petition the court to do so if your ex husband - her father - does not agree and the agreement is ambiguous as to same (even if it is not ambiguous you could petition  under the guise of "in the best interests of the child").  But have you asked her? She is old enough to have her opinion matter here with the court.  Good luck. 


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