Charleston, SC asked in Family Law and Child Custody for South Carolina

Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.

I am primary custodial parent and have all decisions except education. Montessori is not suited for my son, in my opinion. The Montessori school he attends is a public school. I would think the court would side with a traditional setting instead of Montessori, even though she has educational decisions. Really struggling with this.

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1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in circumstances since the previous court order that warrants the modification.

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