School Change in 50/50 Custody Without Consent, Is It Possible #ChooseGoldmanLaw

Can I change my child’s school without the other parent’s consent if we share custody equally? Shared custody is not the start, middle, or end of the story. We must ascertain what type of custody will be shared equally. School change in 50/50 custody without consent, is it possible?

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Child custody. Physical custody and legal custody. Although one parent has physical custody, both parents may share legal custody. Physical custody may be shared by both parents, but only one parent has legal custody. It may be claimed that the parents who have legal custody get to pick the school. If the parents who share legal custody are unable to agree, the court will have to make the decision. The court will base its judgments on what is best for the child.

What is physical and legal custody?

You have the right to decide what is best for your child. If you have legal custody of the child, you can make vital decisions. You wish for your children to receive an education. You want them to get medical treatment and have a strong religious foundation. Your child has physical custody of whomever they live with daily. You are battling for the right to raise and discipline your children.

The definition of exclusive custody in Michigan law is not entirely clear. This is covered in the Michigan Custody Guidelines. A parent can have sole custody. They can exercise both primary physical and primary legal custody. Physical custody is awarded to the parent who sees the child the most frequently. The parent who has legal custody makes crucial decisions for the child. That parent alone makes the decisions. This includes their early life, health, education, and religious upbringing. Most parents believe it is worthwhile to fight for.

If one parent requests exclusivity, a fight will ensue. Everybody fights tooth and nail to win sole custody. With this kind of thinking, custody becomes a controversial subject. The court may grant custody of the child to either parent or both parents. Each parent would struggle for physical and legal custody, whether out of love or to leverage.

You have the option of joint custody if you believe you cannot do this on your own.

Joint custody.

The court must give shared custody a chance when one parent asks for it. If the parents consent, the court must grant shared custody. Courts must adhere to this norm unless they find that it is not in the child’s best interests. The justifications for the judges’ decisions must be included in the official record. It must even if a parent doesn’t ask for it. Judges may take into account shared custody. Judges must take the parents’ capacity for cooperation into account while making decisions. It is possible to have joint legal custody, shared physical custody, or both. The parents must generally agree on important issues affecting the child’s well-being. Joint custody makes it possible.

Joint legal custody.

Both parents have the power to make decisions for their children. This is so true when they have legal custody. These choices will have a big impact on the child’s well-being. The amount of time a child spends with each parent has no bearing on joint custody.

Joint physical custody.

When both parents share physical custody, they will each spend some time with the child. It does not say that the parents will make joint choices on custody. A shared custody arrangement might give both parents joint legal and physical custody. One parent is given sole physical custody throughout the summer by the court. Weekends and holidays will rotate. For the rest of the academic year, the other parent will have sole physical custody of the child.

Michigan law controls decisions regarding parenting time and child custody. State law is centered on what is best for the children. It offers criteria for the court to consider while rendering decisions. Although the law disregards gender, parents will argue over it to get the best deal possible.

Who gets to decide to change the child’s school?

Children may have legal residency in many cities. This is if their parents separate or divorce. Conflicts over which school district the child will attend may result. A situation can become even more acrimonious. One parent moves far enough away from the other to enroll the children in a school district. The co-parent cannot effectively engage in the child’s educational process.

One parent can have sole physical custody. The parents frequently share joint legal custody of the child. This means decisions influencing the child’s life require the consent of both parents. Significant matters such as schooling and medical care. Even upbringing in a particular religion. What will happen if parents are unable to agree on fundamental matters? Matters like the school or school district that their child will attend.

A parent can have joint legal custody with the other parent. They cannot decide on the child’s school district on their own. If the parents are unable to agree, the court will have to decide the matter.

Can you change the school without the co-parent’s consent? Is it possible?

Changing schools is in the purview of the parent with legal custody. It is only the parent with legal custody who can make a decision to change schools. If both parents have legal custody, they must agree to the change.

If parents are unable to reach an agreement, the judge will make the decision. A Lombardo hearing is going to be called for this. The court will hear testimony about the best interests of the child. These are factors in consideration during a Lombardo hearing. A Lombardo hearing can appear like a child custody trial in many ways. The judge is not obligated to consider all best interest factors in making a school decision. The student’s school choice can lead to a change in custody. If this happens all best interest considerations would be taken into account. The Lombardo hearing is in reference to the Lombardo v Lombardo case.

Lombardo versus Lombardo, 202 Mich App 151, 160; 507 NW2d 788 (1993). The Michigan Court of Appeals made a ruling on joint custodial parents disagreeing. This concerns significant choices that will impact the child’s welfare. The trial court must decide what is in the child’s best interests. The best interest factors enumerated in MCL 722.23 must be taken into account. It must be evaluated and decided by the trial court.

The secret to a successful Lombardo hearing is preparation. You need to look at the social characteristics of the school. Family lawyers should investigate the standardized test results and teacher-parent ratios. A competent attorney can check resources. Look into the availability of extracurricular activities at the schools of choice. The lawyer can investigate several other elements that might be crucial to the child. Getting to and from school and after-school programs. A good lawyer should vet neighborhood buddies and a lot of other things.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.