Does My Ex Have the Right to Withdraw My Child From Public School to Place Him in a Charter School Without My Consent?

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“My 1st ex husband & I were made “joint managing conservators” when our custody decree was modified 3 years ago. My ex withdrew our son from public school last week without my knowledge & enrolled him in a charter school. I did not agree nor do I approve of the decision. Was he allowed to do that since he has legal custody? I want to put my son back in public school but am not sure if I have that right. Please help!”

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This will depend in large part – in fact almost entirely – on the wording of your divorce decree.  You mention that you were made ‘joint managing conservators’, but you also mention your ex having ‘legal custody’.  If in fact your ex has sole legal custody then in many states he would have the legal right to make academic decisions for your son.  Your best bet is to have an attorney in your area review your divorce and custody documents to determine what your rights are, and how best to proceed.

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Author: House Attorney

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