Can the Parent with Legal Custody Enroll our Child in Boarding School?

QUESTION: Can the parent with full legal custody enroll my child in a boarding school that would interfere with the other parent’s court ordered visitation schedule?

Mother has full sole and legal custody and I have set court ordered days and times. She wants to move him to a boarding school and that would take away my court ordered visitation.time and days. Can she do that? And how do I stop it?

ANSWER: Since the other parent has legal custody they can choose what school your child attends. HOWEVER, they cannot choose a school that curtails or interferes with your court ordered visitation schedule.

PRO TIP: You may have to file a FL-300 Request for Orders Check Visitation and the “change” box. Prepare your FL-300 explaining the order you want. Check the box on page two “Visitation.” Don’t check “Custody.” In Section 2b2 on page two, explain that your visitation orders are __________ and you desire to maintain the schedule. Your ex is planning on enrolling your child in boarding school which would curtail your visitation. In section 2c you should explain that close and continuing contact with you and your son is in his best interest. Your ex’s enrollment of your child is therefore not in his best interest. File it with the Court (you must pay a filing fee). Once you receive the court stamped copy of the FL-300 serve it on your ex. Use forms FL-335 Proof of Service by Mail and FL-334 Declaration regarding address confirmation. Then, file the FL-335 and FL-334 with the Court proving she was served. You will receive an order to mediation, then have your hearing at which the judge will likely grant your request.

Galen Gentry assists clients in Los Angeles and Southern California with issues relating to child custody, and visitation and the modification of family law court orders.  Mr. Gentry has 30 years of experience and can help people protect their families and their interests.

Call us to schedule a free consultation at 310 282 7521 or contact us here.