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Question

my daughter has her two children in a christian grade school. they are doing very well in the school. Hereexhusband now wantsto go to court and prevent them from attending a private schoolin the furture. the original divorce (2yrs. ago) statedhewould be responsible for the tuition, (in exchange my daughter gave up 5 years of maintenance support due to the cost of tuition. 1 year of tuition was paind for and the second year (now) he hasrefused to pay. Ourfamily and theschool have picked up the total costs to keep the childrenin the school. How does the court view religious schools. If my daughter is willingto absorb the cost of tuition would a judge be likely topull kids out ofa school they are happu and excelling in?

Submitted: 134 days and 13 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Optional Information

State/Country relating to Question: Wisconsin

Already Tried:
nothing , this is all new. the fatheris making many threats. He knows the way to upset my daughter is through the children.

Posted by SmallTownLawyer 134 days and 13 hours ago.

Answer

Hello -

Thanks for contacting JustAnswer.

The Court will not likely pull the children out of school. Although the court will really not care whether its religious or not, that really isn't the issue here. If I have read your question correctly, the previous order did not mandate the children go to christian grade school, it just ordered the ex husband to pay for it if they did. Now, the ex-husband does not want to pay for it.

If your daughter is willing to absorb the cost, the Court may allow the husband to be released from his obligation. Either way, the Court is not in the business of pulling kids out of school. The Court will act in the best interests of the child, and if that is in private school, they should stay there.

I hope this helps.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

134 days and 13 hours ago.

Reply

My majorconcern is what ifmy ex-son -in-law decides to fight on the basis of stating he "doesn't want his children exposed to the christianity" while in school?

Accepted Answer

Although this is a separate question that the one you originally asked, I'll be happy to answer it for you.

This question depends on how custody is structured. If your daughter has physical and legal custody, the ex-husband would have no say in the type of school they attended. However, if they share legal custody, he does have a say, and the court will hear the issue and decide what is in the best interests of the child. In short, if your daughter has legal custody, there is nothing to worry about.

I hope this helps,

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

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Expert: SmallTownLawyer
Pos. Feedback: 99.3 %
Accepts: 643
Answered: 10/28/2009

Attorney

Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense

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