Philadelphia, PA asked in Family Law and Child Custody for Pennsylvania

Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

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1 Lawyer Answer

A: The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody because those are two separate types of custody. Legal custody is what gives parents the right to enroll children in school as well as other major life decisions.

If there is 50/50 legal custody between parents and one parent takes action, such as enrolling the children in school, without the permission of the other parent an emergency hearing can be sought by filing a petition with the court. As the school year is approaching fast you need to take legal action sooner than later because once the school year starts the court may find that it is in the child’s best interest to stay in the school they have been enrolled in.

Schedule a consultation with me so we can discuss your options further.

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