I feel your pain, I have primary custody of my child with tie breaking authority( if we don’t agree) but mt ex got a restraining order not letting me enroll my child in the school thats is 2 minutes from our home so he has to remain in a school thats 35 minutes from the home. If a parental evaluator feels that a parent has issues that can effect the child then they should be required to report it. everything concerning your child should be for the records
Have you given any thought to a family mediator? Check with your county’s DSS office and see if an impartial arbitor can come to some sort of decision for you. And remember, even home schooling has restrictions and guidelines, see what they are, and whether or not your ex can fulfill them. Tighten the screws if you truly feel it’s in your daughter’s best interest to be in a traditional school like you’re suggesting.
Make a reasonable effort to come to agreement with your ex-wife on daughter’s schooling. If this fails, asking a neutral third-party (e.g. mediator, child psychologist, etc.) for a recommendation might be helpful. The court system does favor mothers and you are wise to be wary of trying to fight the “female as only competent care-giver” stereotype. Nobody “wins” in domestic court. There are just varying degrees of loss.
You say you have joint legal custody of daughter. This means you and ex-wife have equal decision-making power re: her schooling (unless your court order specifically says otherwise), among other things. If you ultimately are unable to agree, a judge will have to decide. Keep in mind that the court may also use this as an opportunity to modify the joint legal custody ruling. It might find, for example, “…the parties are unable to work together effectively to advance their child’s best interest…” Either you or ex-wife might lose the joint legal custody you once had. If you believe strongly enough that your choice for daughter’s education is the right and best one and are willing to risk losing joint legal custody, you need to be true to your beliefs and conscience and fight the good fight.
If your ex-wife ends up home schooling your daughter, do not neglect to consider the child support implications of this situation.
My ex-wife and I are currently sharing (50/50) physical custody of our 4-year-old daughter. The judge in our case decided to ignore the recommendation from our parental evaluation and give primary physical custody to my ex once our daughter starts kindergarten. I had hoped to put my daughter in a christian private school, but now I’ve found out that my ex wants to quit work and home school our daughter.
My ex suffers from 3 different personality disorders (according to off-the-record remarks from our evaluator), and she should not be the primary influence in our daughter’s life. I have equal legal custody, and I am willing to pay for the private school myself. Still, I doubt if my ex will agree to send our daughter there. Can I stop my ex’s plan for home schooling?
After seeing how much favoritism our court system gives to mothers, I’m reluctant to let a judge decide this matter.