My father’s son and I have joint custody but I’m the custodial parent, do I have the right to send him to the high school I think best?

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My father’s son and I have joint custody but I’m the custodial parent, do I have the right to send him to the high school I think best?

We are in disagreement about the high school he should attend.

Asked on June 17, 2015 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Usually your final order will control who gets to decide.  The order will specify who designates the primary residence.  Who ever designates the primary residence, usually has the exclusive right to decide where they will go to school.  In addition, most schools have certain residency requirements that will necessarily follow.  The school may only allow your child to attend where you live.

If your final order says that you both have the right to decide, then you may need to seek a modification of this order so that the issue will not continue in the future. 

If you are not sure whether or not your final order gives you these rights, then take your papers to a family law attorney to review so they can advise you of exactly what your rights are. 


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