My daughter is going to start kindergarten in the fall. My ex and I have a 50/50 legal and physical joint custody of our daughter.
I would like my daughter to attend the same school as her stepbrother. My ex wants our daughter to attend the school in her district.
Do I have any ground to stand on if I take her to court to get the issue settled?
I only practice in Nevada; therefore, I can only generally advise you on your particular issue. However, Cordell & Cordell has attorneys who are licensed and located in many jurisdictions in different states.
You have indicated that you share joint legal and joint physical custody with your ex-wife. Therefore, this means you both have the right to make educational decisions regarding your daughter, including where she attends school.
Since you both cannot agree on the school, your only option is to file a motion to have a judicial officer make the decision. In most jurisdictions, judges base decisions regarding children upon the best interest of the child.
Without having the details of your timeshare (i.e. whether your custodial time is primarily during the week, on the weekends, or a mixture of the two), the court will base its decision upon a variety of factors. This includes, but is not limited to, the quality of the respective schools, opportunity to attend school with siblings and any potential benefit the child will receive by attending one school over the other.
Essentially, you must be able to establish that there is an actual benefit to your child and her best interest to attend the school you prefer rather than your ex-wife’s preferred school.
I would recommend that you do some research about the respective school districts and consult with an attorney regarding the likelihood of success given your timeshare and the other relevant factors I noted above.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.