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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex has domiciliary parent status, with us both having

Customer Question

My ex has domiciliary parent status, with us both having joint legal custody. Can he change the childrens schools if I disagee. My ex wants to change the childrens school that they have been attending since Pre-K. He recently moved to a new, upper class neighborhood and wants to save his new wife time getting the kids to school on his days. I live near the old school, which is a good school. Both are Catholic schools. If I disagree with him, can he just enroll them in a new school without my permission
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

First, check your decree. This is not a statutory law question, but a question for the custody decree. The decree should state one of the following:

1) the domiciliary parent has the right to make educational choices

2) the domiciliary parent has to have the agreement of the other parent to make educational choices

3) the domiciliary parent can make the educational choice, but can hear input from the other parent

Sometimes, the decree will provide something pother alternative, such as the other parent having the right to choose, or, it will be silent if this issue never came up.

If the decree is one of the three above or an alternative, this controls. To change it, one would have to file a pleading to modify the decree and show why this request would be in the best interest of the child. If the decree is silent on the matter, one can file a motion for clarification and ask the Court to CLARIFY who has the right to make the educational decision, or whether it be in tandem, etc.

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Expert:  Ely replied 2 years ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!