Question asked on Feb 13th, 2018
Q: My ex-wife and I share custody of our two kids, I have them Tuesday, Wednesday & Thursday, & she has them Friday-Monday. She lives 30 mins away from their school, I live down the street. My daughter, 9, mentioned that her mom is going to switch them schools because its closer to her house. I say it’s unreasonable because I have them more school days than her. Can I request the court that she cannot change schools without my permission? We both have soul and physical custody of both kids.
A: It is not possible that you and your ex “both have sole and physical custody.” Presumably, you meant, “joint legal and physical custody.” If so, the standard provisions that should be in your decree state that neither parent can make unilateral changes to schools, doctors, etc., without agreement of both parents. If the parents do not agree, the court can resolve the immediate dispute, or can give one parent or the other decision-making authority over that issue (this was one of the holdings of the Rivero case in 2009). For information about legal and physical custody, a copy of the case, and a lot of other information, click here. If you have an ongoing conflict, you should consult with a family law specialist.
