Q: Can my ex put our son in a school without my permission?
My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t. He constantly pulls this where he tells me he cannot do this anymore and I win and our 5 year old doesn’t have to come and can stay with me during the weeks and then at random changes his mind. I feel this is really screwing with our son is there anything I can do? And he is also changed his mind about kindergarten and is trying to enroll him in a public school on his side of town as he cannot get him in to daycare for his weeks. Is he allowed to enroll him in a school without my permission?
A: this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge will look favorably on. Please refer to your decree to see if you should file a motion with the court to address these issues.
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