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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102349
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Mass. I have physical custody. If I want to send

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I live in Mass. I have physical custody. If I want to send my child to Private School and Pay for it can my spouse prevent the child from attending?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

If I want to send my child to Private School and Pay for it can my spouse prevent the child from attending?

The answer is likely no.

By default, the primary custodian has the right to make educational decisions unless the custody orders state otherwise.

So first one may wish to check the custody orders to see if they require any "confirmation" or "vote" from the other parent. If so, then this overrides the default law allowing the primary custodian to choose. However, most divorce orders do not contain such a clause. Assuming that no such clause is in place, then the custodian parent (i.e. you) has the right to make such a decision for the child's education.

I hope this helps and clarifies. Good luck.

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