Choice of high school

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My ex and I have joint custody of our child. I am the primary caregiver. Our 14 year old son will be entering high school in the Fall and we don't agree on the choice of the educational setting. Who decides?

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Jennifer M. Long, B.A. J.D.

10 years ago

If it is a joint custody order or agreement, you both must agree. Do you have a separation agreement/court order and if so, does it have dispute resolution provisions? You should use those to try to resolve. If you cannot agree, you may have to litigate the issue to get a court to decide. I would need more details however about what you mean by you don't agree on "educational setting" - if it is a public school, usually the primary residence of the child dictates where he will go to school (school boundaries) but if you are arguing about type of school (private versus public) then you both have to agree or get a court order. (Unless there are dispute resolution mechanisms in your agreement/order that tell you how to resolve these types of things.

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