My ex-husband and I have been divorced for 7 years. My children have been attending a parochial school for those seven years. I wish for them to continue there. My ex is taking me to court stating I signed them up without his permission, as he wants to send them to a public school. Has anyone experienced this or experienced an evidentiary hearing representing themselves?

Did you sign them up without his permission? Did you seek an adjustment in child support to pay for tuition?

Joint custody means each parent has an equal say in how the kids are reared. If you have joint custody, then he has a say in what schools they attend. If you enrolled them without his permission he could make a case that you aren't working within the joint custody.

I think he will have an uphill battle, though. They have been attending for 7 years and he is only starting to complain now? Have you recently asked for more support? That might explain it.

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Originally Posted by Mebv1974

My ex-husband and I have been divorced for 7 years. My children have been attending a parochial school for those seven years. I wish for them to continue there. My ex is taking me to court stating I signed them up without his permission, as he wants to send them to a public school. Has anyone experienced this or experienced an evidentiary hearing representing themselves?

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Thanks for your answers. In this situation, neither one of us pays child support. We split everything 50/50. When he stated he didn't want to pay tuition, I told him I would take care of it and made arrangements to pay for it myself. As for enrolling them without permission, I have enrolled them for the past 7 years with no problem. When I informed him I had enrolled them, he didn't object. Then two weeks later, I received the court papers.

But it sounds like you did not inform him until two weeks ago. Or did you inform him when you first enrolled the children seven years ago? Yes, he can fight this in court - anyone can fight anything - but winning is another issue. You are paying the tuition, you are not asking for child support. This sounds like a power thing with your ex. If your children are doing well in the parochial school, then why do the change to public school? How do your children feel about this? The Judge may consider that also. They are old enough to say how they feel about this.

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Originally Posted by shygrneyzs

But it sounds like you did not inform him until two weeks ago.

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It would be a sad commentary on the father if he hasn't noticed where his children have been going to school for the last 7 years.

Who has primary custody? That is the party that makes decisions regarding their schooling. If you're the one sending them to the parochial school, then evidently they live with you the majority of the time. That being said, it's your prerogative to do that so I doubt that your ex has a leg to stand on.

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Originally Posted by s_cianci

Who has primary custody? That is the party that makes decisions regarding their schooling. If you're the one sending them to the parochial school, then evidently they live with you the majority of the time. That being said, it's your perogative to do that so I doubt that your ex has a leg to stand on.

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I must disagree. While the OP may have physical custody. They may have joint custody. This means that each has an equal say in how the child is raised which includes schooling.

Just having gone through this the judge decided the parent who has primary care is the one who decides what school they attend not giving any weight to joint custody.

Just having gone through this the judge decided the parent who has primary care is the one who decides what school they attend not giving any weight to joint custody.