I am relocating due to a new job. I share legal custody with my ex but have primary physical custody of our children. My ex does not object to my move but has indicated I must choose a home within a good public school district. The only areas near my work that are affordable to me are zoned for public schools that neither of us like. What is the best solution? Do I have to have to have his permission to enroll them in a charter or private school?
Yes, typically joint legal custody means that choice of schools shall be mutually agreed upon by the parents before a decision can be made. The legal custody language in your separation agreement or custody court order should specify this.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
What if the parents do not agree on where to send the children to school? What is the best way to resolve that issue?
If your separation agreement or court order does not specify what to do when the parent disagree on a major decision such as choice of schools, then the best thing to do is hire a mediator to help you both come to an agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.