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Question

Father with Joing Legal Custody, has a son that is 11 years old and has been attending public school to this point of his education. The mother unilaterally made a decision without notification or consent to enroll child in parochail school. When the child told his father what was happening and he didn't want to go, father wrote letter to school indicating his non-agreement with this enrollment and also stated that he had joint legal custody. The school accepted the child anyway against the father's wishes. When the guardian ad litem too the case to court, it was ruled that she unilaterally made the decision that that the two need to go to co-parent mediation. What action can be taken to get the child back into the public school system where he has excelled and what action can be taken against the parochail school for violating the rights of the father?

Submitted: 412 days and 12 hours ago.
Category: Family Law
Value: $30
Status: CLOSED
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Optional Information

Neenah, Wisconsin

Already Tried:
Records have been kept on all past history's of violating the court order. Call reports when she would not allow pickup on scheduled visitation, not notifying father of medical appointments within 48 hours of making the appointment, along with the latest of not informing father or consulting father about changing child to a parochail school. Harrasment via phone or coming to father's home unannounced. Banging on doors and windows, trying to push son into house to gain entry. Son telling his mother NO. Mother has had child seeing a behavioral specialist since kindergarten for anger management issues the child does not have and has not been noted by either the school, friends or the father.

Accepted Answer

There is little to no recourse you can take against the school. This is because school enrollment generally requires one parent's consent, and on occassion, a copy of the order stating which parent has physical custody. Don't get me wrong - this was absolutely a joint legal custody decision and needed to be made jointly. The problem is that at this point the court would be yet again changing the child's school. I would suggest that you follow the order specifically, immediatley go to co parenting mediation and after two prompt sessions refile asking the court to reconsider (advising the co parenting mediation failed - if it so fails).

 

I wish you luck and I'm sorry this happened to you.

 

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Expert: AttyAdvice
Pos. Feedback: 97.5 %
Accepts: 
Answered: 10/6/2008

Family Law Attorney

14 years experience as a family law attorney, instructor of legal ethics and criminal law

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