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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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In joint legal custody, if we cannot come to an agreement on

Customer Question

In joint legal custody, if we cannot come to an agreement on a matter, for example, where our child should go to private school, how is the matter resolved? I will have primary physical custody
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. If the order doesn't address it, and usually it will state who has the right to determine the school, then you will have to go back to court. However, if you have the right to determine primary physical custody you would have the right to determine what public school the child had to attend and so you could make the argument that you should also have the right to determine the private school. You will want to discuss this issue with the lawyer because this is an issue that should have been addressed in the original order.
Customer: replied 5 months ago.
there isnt an order. we are only separated at this time and are trying to negotiate matters. he wants there to be joint legal custody, but since we rarely agree on matters, i just see this causing issues. is having sole legal custody the only way around this?
Expert:  JD 1992 replied 5 months ago.
No, you can have joint custody and just have this matter addressed by the court's order. Your lawyer will know everything that needs to be addressed and if you have it the order then that prevents any arguing later.
Customer: replied 5 months ago.
what do you mean? he wont agree ahead of time to give me the ultimate decision in where our child goes to school, for example. i dont want to have to go to court every time we dont agree on a matter. id be in court A LOT. can it be in the decree that we have joint but in cases where we cannot come to a decision, that i as the primary custodian makes the ultimate decision?
Expert:  JD 1992 replied 5 months ago.
You can have anything in the order that the judge says. As I said, your lawyer should know all of the spots where there are likely to be problems in the future and then have the court issue orders on those areas.Your situation is the same as everyone else's in a divorce, you want to have specific orders on everything.
Expert:  JD 1992 replied 5 months ago.
You can have the judge order that one party makes the decisions as well, that was the way it used to be done.
Customer: replied 5 months ago.
unfortunately, i dont see my soon to be ex spouse agreeing to this....ESPECIALLY if money is involved.
Expert:  JD 1992 replied 5 months ago.
I understand. The issue then becomes one of fighting in court to get what you want, which is going to cost him to fight. Unfortunately, that's the only choice if you can't agree.