Who has the power to choose a school, residential parent or both parents with Joint Legal

Question

The school I enrolled my kids in for Kindergarten is my public school in my district and the only one. My ex wants them to go somewhere else, private, his neighborhood, that is a good 30 min away from where we live. I can't afford the gas to drive them there everyday. Who has the say?

Answer 1

If they spend most of their time with you then they go to the school you choose

unless he is willing to foot the gas bill

then that's a compromise

Answer 2

Normally, education decisions are part of legal custody.  

Depending on the state, many states are now requiring a parenting plan as part of legal and physical custody.  Even if it is not required, many dissolution decrees still include a parenting plan.

A parenting plan spells out the exact responsibility for all types of decisions (health care, daycare, education).  As such, you should pull out the judgment in your dissolution case and read it to see if it answers your question.  If it doesn't, you may want to give the attorney who represented you in the divorce a call to see if he/she can answer your question.

EDIT:

As to public schools, the primary residence determines the district of residence for your children.  However, that only impacts on the right to attend for free.  For private schools, residence is normally not the issue (but some church affiliated schools may charge different tuition depending upon membership in the local church).

Answer 3

Whomever they spend the most time with. That is there district. They go to that school. Most of the time they need permission from both schools to transfer.

Also, you might consider looking into it. If it is better schooling then tell your ex to fork over the money for your gas. Just because it is a private school doesn't make it better.

It is obvious that they stay with you more. So unless he wants or can get a judge to say what school they go to. They should stay near their main home.