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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34424
Experience:  30 plus years of experience.
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My wife and I are not divorced but may be headed that direction.

Customer Question

My wife and I are not divorced but may be headed that direction. She insists that our 5yr old son attend catholic school in the fall. I insist he goes to the public school at the bottom of our street. It is a very good public school. I want him to go to there not only because he will get an excellent education there but because we are of different religions, and more importantly, we cannot afford it. We are, infact, living with my parents now while we dig ourselves out of debt. She works and proposed she pay half and l pay tree other half. When I said no, she said her parents (who are here illegally but are about to get their green cards) will help. She and her patents are of the opinion that I, as the father, have no rights in anything having to do with our child. I have no idea what the rules are on something like this or I there would be repercussions to losing this battle if we were to get divorced. We live in VA.
Submitted: 2 years ago.
Category: Family Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.

The legal right for married parents to make parental decisions regarding their children is equal. If you get divorced the decisions are typically negotiated in the parenting agreement.

So, currently, you have as much right as the mother to decide on schooling. Her parents have no legal right to enforce any decisions regarding your children.

I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.
Customer: replied 2 years ago.

I guess my question is can I stop her? She is insisting she will send him whether I agree or not. That she Will come up with the money and send him inspite of my disagreement and inspite of our outstanding debt.

Expert:  Loren replied 2 years ago.
You can let the school know that you do not consent to the enrollment. Otherwise, it is not really something the courts will intercede in with a married couple. In other words, while you are married, it is a family, rather than a legal matter.
Expert:  Loren replied 2 years ago.
Did you have further questions? Have I answered your question?
Customer: replied 2 years ago.

In order to keep the peace and hopefully avoid a divorce I allowed her to take him to church with her only, never intending it continue forever that way. If she does enroll him without my consent and he ends up going there, especially where he has been going to church with her and not me, can that have any bearing in deciding custody in the event we do divorce? Should I start taking him to church with me also?

Expert:  Loren replied 2 years ago.
Yes, begin taking him to church with you since the courts are much more likely to allow a continuation of customary practice in your family rather than start something new.
Expert:  Loren replied 2 years ago.
Did you have further questions before you rate my service?