Joint legal & choosing child's education


I had the same situation, 1st: where does the child live,2nd in the order it should state that somebody has tie breaking authority, 3rd the courts are going to look at whats in the child best interest for the child and you driving a longer distance doesn’t have anything to do with the child. Now what you can do is look for a school that will meet all your child needs thats in a cetral location for the both of you, but don’t you think it will be better for the child if she attended a school closer to her primary place pf residence.


I agree with Fatherdoright…you said she lives in Wake county…what are you planning to do when she goes to kindergarten…she will have to go in the county that she resides…do you pick her up or drop her off everyday?


Hi again,

Actually we will be sending her to private school I think.

Please let the attorney respond - I get bumped down the list for each post.



The question you are failing to answer which a attorney will want to know is: Who has the tie breaking authority, because I’m sure its stated in the court order


No, it is not stated in the court order - it was mediation. Please stop being the expert - I wrote to the forum with the intent of receiving a reply from an attorney.

Thank you.

“The question you are failing to answer which a attorney will want to know is: Who has the tie breaking authority, because I’m sure its stated in the court order”


Sorry for trying to help but if you don’t want help from the people in here then you should go to a attorneys office, because believe it or not somebody within this forum has been through exactly what you are about to go through(like myself)and you can only be a expert if you already “been there and done that” and I have.



Thank the Lord!

My ex is actually going to move in my general direction to help out my commuting situation, and we will be mediating locally regarding my daughter’s schooling.

And sorry for the last post - I was having a tough day.

Best regards.



I may have a dilemma in the future, and I need to be prepared for this situation. Here is the scoop:

I have joint legal custody with my ex regarding my daughter who turned 4 in November, and our agreement specifically states that we jointly have decision-making regarding her education. My daughter’s daycare is in Durham, however, I live in Orange County and work in Guilford County.

My ex lives in Wake County, and my fear is that she will enroll my daughter in school in Wake County without my input. This situation would put a tremendous strain on my career, since I can’t work 40 hours a week and maintain my current custody schedule if this situation were to occur (6 out of 14 overnights currently). I would be forced to decrease my visitation if this were to happen, and I definitely do not want that to happen.

What can I do in advance to prevent this from happening? I definitely do not want to be put in a position whereby my ex enrolls my daughter in a school that is simply too far away, and have to deal with the situation retroactively.

Should I hire an attorney now? What are my options?

Thank you as always for your assistance. This is a fantastic forum.

My best regards,