Oceanside, CA asked in Divorce, Family Law and Child Custody for California

Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility bills so he can enroll my son in the school down the street from me but lives in another city. I’m only staying here at my current address till the end of the school year is over and the house belongs to someone else. So I don’t know how I feel about him using this address or am I wrong for not proving him with a utility bill?? He has main physical custody of our son but share 50/50 in paper when making decisions.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's education.

Given the circumstances you described, it seems reasonable to object to moving your son to a new high school with only two months left in the school year. Changing schools abruptly could disrupt his academic progress and social connections.

Regarding your ex's request to use your utility bill to enroll your son in a school near your current address, you are not obligated to provide this information. Since your living situation is temporary and you share joint legal custody, it would be best for you and your ex to have an open discussion about what is best for your son's education and well-being.

If you cannot come to an agreement, you may want to consider mediation or consult with a family law attorney to help resolve the issue. In some cases, if parents with joint legal custody cannot agree on a decision, they may need to go to court and have a judge make a determination based on the child's best interests.

Remember, the primary focus should be on your son's well-being and providing him with a stable and supportive educational environment.

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