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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37824
Experience:  Retired (mostly)
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The Mother Of My Child IsThreateningToTaKe Me BackTo Court

Customer Question

The Mother Of My Child IsThreateningToTaKe Me BackTo Court Cause I Won't Agree To Enroll Our Daughter In Catholic School She Will Be In Kindergarten
Submitted: 3 years ago.
Category: Family Law
Expert:  socrateaser replied 3 years ago.

What question can I answer for you concerning your circumstances?
Customer: replied 3 years ago.

CAn The CourT Force Me To Allow My Daughter To Go To Catholic school

Expert:  socrateaser replied 3 years ago.

Unless you agreed in a written settlement agreement to pay for the child to attend private school -- or, you agreed to pay for private school on the record in a previous court hearing, then you cannot be required to pay additional child support for private schooling, under California law.

The court can permit the child's enrollment in private school -- but, you cannot be forced to pay for that education, except as I have explained above.

Hope this helps.
Customer: replied 3 years ago.

Even If I Have Joint Legal Custody...Why Would The Court Allow The Enrollment When I StrOngly Object To It. The Mom Only Makes Approx $1000 A Month Which Includes $300 Child Support. Will She Have To Provide Proof She CAn Afford To PaY $400 A Month For This school

Expert:  socrateaser replied 3 years ago.
The court will not order enrollment, unless to do so is in the child's best interests. Generally, public school is considered sufficient for any child. The only exceptions are where the parent's have previously agreed to place the child in private school, or where the child has special needs (e.g., severe autism) which cannot be accommodated in the local public school system.

Assuming that you did not agree to pay for the cost of the child's private school education, the court is highly unlikely to order the child enrolled in a private school.

Hope this helps.

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