Joint custody, but cannot agree on school children will attend.

[krusseth]

Need legal advice on what would be done, legally, if two parents with joint custody cannot reach agreement on school children will attend. Ex husband and I have shared custody, with divorce agreement that states we must come to agreement on all matters regarding health, education, etc. Neither one of us reserves the right to decide where the children are to go to school. We live in two different school zones. Oldest child is in a Magnet school program (not in either one of our "zoned" schools). We drive him each day. Two younger children (both age 5) must be enrolled in Kindergarten now. School begins August 23. Neither children were accepted into the same Magnet school that the older sibling attends, and they must be enrolled in a school that they are zoned for, either by their father, or myself. The custody arrangement is one week with their father, and one week with me, alternating on Mondays. Their father will not allow them to be enrolled in the school near me. It is an "A" school, and many parents seek this community for it's high academics and highly acclaimed schools. Ex does not care and will not allow them to be enrolled here. Ex husband's house is in pre-foreclosure, and he may lose it soon and have to move. We can not reach agreement. What are the legal steps to resolving this? They must be enrolled in school and begin on August 23, or face truancy issues. Help!

[Attorney Howard Iken]

This is quite the "pickle" because those issues should have been incorporated in the last settlement agreement or order.

The most basic effort might take the form of a "Motion for Clarification" and a relatively short court hearing. The judge may or may not think there is authority to decide that issue during that type of hearing.

A more comprehensive effort would be a Supplemental Petition for modification. That procedure would be lengthy, more costly, and more involved. But all issues could be decided.


Attorney Howard Iken