When parents have joint custody, do both need to approve of a child moving out of state for school?

Question Detail

When parents are divorced and have equal and joint custody of their child, does a child need both parents approval in order to go away to something like a private school or college prep school? It is a boarding school scenario. If the child does need the approval of both parents, then can the child appeal to a judge? Will the child need to hire a lawyer? What can be done? (The child in question is nearly 16 years old and wishes to spend their last two years of high school at an advanced private school, but one parent will not agree to let the child go.)

Attorney Michael Fischer

 Mike’s Answer:

In a situation like this, you can request an order from the Court allowing your child to attend the school. You would file what is called an order to show cause and get a hearing date. You will want to present evidence as to why going away to school is in the child’s best interests. The other parent would have to submit evidence as to why it is not in the child’s best interest. The judge will be able to grant the order for the child to move away.

Category: Child Custody, Family Law

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