Chicago, IL asked in Child Custody, Divorce and Family Law for Illinois

Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at home services. Son will be in kindergarten this year daughter will be going to pre-k. School revision came out. Kids are required to wear mask to school. I want them to attend school. My kids wants to attend school I’ve talked to them and we’ve been practicing wearing masks. Ex husband(lives 2 hours away in Missouri) does not want kids to attend school. Wants to homeschool them. Is there anything I can legally do? The kids want and need to attend a public school.

1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

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