Thank you, B.
One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement. Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
I am guessing
that here, you truly are 50/50. If so, then the decree may be silent (as you say) as to who can overrule whom in regards XXXXX XXXXX decisions. If so, then yes, I am afraid you may need to go back to Court with something called Motion for Clarification
. This motion asks the Court to define the roles/duties of a parent in a confusing/unclear scenario such as this. The Court shall then render a supplemental order which will clarify how a decision for education is made, be it by one specific parent (and if so, which one), or, only by unanimous consent.If you suggest going to court to resolve, do I risk having the court name one of us (e.g., my ex) as the controlling custodian?
No. The Judge should not modify the custody arrangement, but merely clarify the rights/duties of each parent. Now, either party can ask
to become the custodian, but to modify the current custody order, that party would have to show that:
1) There has been a substantial
change since the original custody order was rendered that necessitates the change, and
2) It is "in the best interest of the child
."In re Marriage of Carney, 598 P. 2d 36 - Cal: Supreme Court 1979
I am assuming that this will not be possible. Also, the pleading to modify custody has to be filed SEPARATELY from the motion for clarification, and entails much more nuanced and prolonged litigation. So the other parent may not even wish to attempt.
I hope this helps and clarifies. Good luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating