Court and school changes

Dear dld:

Greetings. Yes, I would argue that the child should remain in school. When you have “secondary” custody, that does not mean that he gets to make the decisions. Advise him in writing that you plan on contesting this issue. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My order states joint custody, my ex as primary, I secondary. Our son has been in private school 6 years, a school that is less than 1 mile from each of our homes. Suddenly my ex wants to put son in public school for 7th grade, he will have to ride the bus while he walks right now. My son, age 12, does not want to switch schools. I pay $0 towards private school by court order as my ex enrolled son without my knowledge…6 years ago. Ex has no solid reasoning for the change other than it is what ex wants. I feel our son should remain in the same private school for 7 & 8 grade…ex and I have already agreed son would switch to Myers park High in 9th as will many of his current classmates.
If I choose to take this to court…should I? Do I have anything on my side, in my favor since order states if we can’t agree ex has final say and my only option is court? Thank You
P.S. My spouse and I have even offerred to pay for the private school or split it with ex for next two years on top of the child support.