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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am catholic and want my child to attend catholic school.

Resolved Question:

I am catholic and want my child to attend catholic school. My ex husband wants her to attend public school. Money is not the issue. I have agreed to pay all costs. Religion is not the issue either. He has two other children baptized in the catholic church. He states that public schools are good and there is no need for private schooling in Iowa and he will not consider my religion as a good enough reason.

We live in different school districts 15 miles apart and we share legal custody. We also share alternating weekly physical care.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am sorry that you are in this situation, truly. Based on the facts you posted, I am assuming nobody, neither you nor your ex, have primary legal custody, correct? With whom does the child reside with, you or your ex?
Customer: replied 5 years ago.
Correct. Both of us. We alternate weeks.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that situation I am afraid that the only legitimate solution for you both would be to consider taking it to court and have the judge decide on what he deems to be "in the best interest of the child". While the courts typically do not interfere, in your situation both of you have identical rights, and that means for the student to be enrolled elsewhere such as a private school (by default a child is deemed to go to public school), and the other parent refuses to provide that as an option, either a judge has to side with either of you, or you would have to go to court and seek a formal modification of custody by either seeking primary legal custody (which would give you the ability to make legal decisions that the other party would not be able to refute), or a clause in your custodial order which would give you the right toward making education based decisions. In any case since by default the child is going to public school you would have to try to convince the ex to give, or outright take him to court and try to get the judge to side with you. The courts typically side with a parent who wishes to go to private school if the reason is based on your religion, and the other person has no religious qualms or issues with how you raise the child.

Good luck.
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