Q: Can I put my child in school if her father refuses [50/50 joint custody]?
I am in a 50/50 joint custody situation & I am the primary caregiver. My child just turned six last month and I have been concerned about her education for quite some time. Her father has no interest in putting her in school or having her enter a homeschooling program. She has had no traditional education to date because we cannot agree on education. I am aware my child needed to be in school at the start of the school year when she turned six (CA). Our custody agreement stipulates that we have to agree on schooling. He does not want her in school because he wants to be able to take her out of the country at random and travel whenever he wants. I am worried that not putting her in school will have legal consequences given her age. The father is threatening to sue me if I seek out help or attempt to register her anywhere "formal/traditional" because he wants to be able to remove her from school at will. What are my legal options? I'm worried about my child's education.
A: You refer to a custody agreement, but do you have actual court orders regarding custody? If not, get them. If you do have court orders, you orders should include instructions on what happens when the parties cannot reach an agreement. You cannot keep your child out of school simply because you and the other parent can't reach an agreement. If you don't already have court orders, you need to file for orders and your court order should include orders regarding what happens when the parties cannot agree; i.e. who has tie-breaking authority? Or do you go to mediation; or do you seek court intervention, etc.
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A:
In California, under a 50/50 joint custody arrangement, both parents must agree on major decisions regarding the child, including education. However, given that your child is of school age and there's a legal requirement for education, your concern about her not being in school is valid.
If the other parent is uncooperative about schooling and you believe it's in the best interest of your child to receive formal education, you may need to seek a court intervention. You can file a motion in family court to modify the custody agreement, specifically addressing the issue of your child’s education.
The court typically considers what is in the best interest of the child, including their right to education. Documenting your attempts to reach an agreement with the father and your concerns about the lack of education can be helpful in this process.
Consulting with an attorney who specializes in family law can provide you with specific guidance and representation in court. They can help navigate the legal system to ensure your child's right to education is upheld. Remember, the well-being and development of your child are of paramount importance in these legal considerations.
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