Child Custody and Visitation Attorney in Los Angeles, California
Shared Legal Custody Disputes: What happens if my ex and I can’t agree on which school our child should attend?
Shared Legal Custody Disputes: What happens if my ex and I can’t agree on which school our child should attend?
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You know, I find more and more that parents have disagreements over what school a child is going to attend. And some of that in Los Angeles has to do with the fact that parents once they separate move far apart. And even if they’re not moving far apart, between traffic it may take them quite a while to get back and forth. So typically I see parents wanting the children to go to school near them. That’s also going to maybe shift the custodial percentage a little bit if we get a school that’s close to us. People often think that. So it’s going to boil down to reaching an agreement on what school is appropriate for the child regardless of where it is. And if you can’t reach an agreement, that you’re going to end up in court over that issue. So if either parent does not have sole legal custody over the issue of education, then either parent actually under the family code can make a decision about what school the child will go to. Obviously a child can only go to one school, so – although I have seen parents enroll children in two separate schools at the beginning of a school term, which is very stressful for the child. So that’s to be avoided, clearly. Ultimately the court is going to look at what is the best school for the child, holistically what is in the child’s best interest, what kind of custodial percentage may that naturally dovetail with in terms of the schooling. But the court will ultimately decide with all of the factors that are presented who is able to make this decision unilaterally. And so oftentimes I have the court – people gear up for these kinds of decisions maybe in the summer before children return to school in September if they cannot reach an agreement.
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Los Angeles, CA family law attorney Robyn C. Santucci talks about what happens when you and your ex can’t agree on which school your child should attend. She explains that I’ve noticed an increasing number of disagreements among parents regarding their child’s school choice. In Los Angeles, this can be attributed to parents moving far apart following separation, or even if they remain close, the heavy traffic can make commuting time-consuming. As a result, parents often prefer the child to attend a school near their own residence. It’s important to note that this preference may also impact the allocation of custodial time, as parents tend to think about proximity in relation to their own custodial percentage.
However, the key issue at hand is reaching an agreement on the most suitable school for the child, regardless of its location. Failure to reach an agreement may lead to the matter being brought before the court. Under the family code, if neither parent has sole legal custody over educational decisions, either parent has the authority to decide which school the child will attend. It’s important to remember that a child can only attend one school, so enrolling them in two separate schools at the start of a term, although I have seen it happen, can be incredibly stressful for the child and should be avoided.
Ultimately, the court will consider the child’s best interests and make a decision based on various factors presented. This decision may align with a custodial percentage that naturally complements the chosen school. Oftentimes, parents prepare for these decisions in advance, particularly during the summer months before the start of the new school year in September, if an agreement cannot be reached.
