Primary Physical Custody

[Pearl72]

What is the name of your state? Colorado

Hi. I was awarded primary physical custody of my daughter nearly 3 years ago. Daughter will be turning 4 next month, and I would like to enroll her into preschool, but according to court order, we have joint legal custody, and we have to agree on her schooling. Ex will not allow, unless it is in his school district. (Ex lives about an hour away from where me and my daughter live). I feel like im hitting a stalemate, Do I have any say over him, or do I just forget about it since this is the only way he will agree for her to go to school? Please advise. Thanks!

 

[abstract99]

There should be somewhere on your CO that says that if both parents cannot come to a decision together then X parent is to have the final say. Go ahead and let him take you to court for that. The judge will laugh him out of the court room.

 

[Pearl72]

Unfortunately our court order is very vague in a lot of issues. It does not state if we do not agree on particular issues such as holidays, visitation etc, who gets the final say. I wish it did, would solve alot of head butting we go through. I should probably go back to court and get things more finalized, and more detailed due to it leaves a lot to being open ended.

 

[stepmom&mom]

I think that such a thing is a terrible idea. I can only IMAGINE what it would be like if my husband's ex had that power. Allowing one parent to have the final say just basically gives that parent the control to do whatever they want. Mediation should be required over giving one parent final say.

 

[Pearl72]

I agree with you to an extent, but somewhere there surely has to have a line drawn...I am pretty easy going with his visitation and such...but surely it is not in the best interest to have my daughter be forced to go to school an hour away from where we currently live? That just seems absurd to me. I have offered to pay for the full tuition as well, since he was worried about paying more support than what he is supposed to (and rarely does) now. He won't even agree to that. It just seems it is either his way or the highway. Just doesn't seem fair to my daughter is all... and we have been through mediation and we have gotten nowhere at all, just wasted time and energy and money.

 

[stealth2]

If you have primary physical custody - your district is where she's most likely to be going to Kindergarten. You will likely have to take it to a mediator or court, but it's pretty likely that you'll prevail, IMO.