Monday, August 13, 2007

Parents Have Joint Custody And Child Is Starting School

Custody information and Divorce help provided by an experienced family law and divorce attorney serving the Temecula, Murrieta, and Hemet areas of Riverside County, California.

Dear Famularo & Associates:
My daughter is starting school and her father and I live in two different counties. We have not been able to come to an agreement about whose home and school she should go to. Her father claims he is filing papers for an emergency hearing. He has already enrolled her in school and took her there for her first day without my consent. We have joint legal custody and joint physical custody.
R from Murrieta

Dear R:
If the two of you share joint legal custody, your ex was not supposed to sign your daughter up for school without your consent. It sounds like the father of your daughter will be filing an ex parte application. An ex parte is an emergency hearing where he is requesting the court make immediate orders. It is unlikely the court will determine which school your daughter will be attending on an ex parte basis. It is more likely that the court will set the matter for a hearing. We call this an OSC, or Order to Show Cause. The court will simply set a date when it can listen to all the evidence and determine which school the child should attend.

This is a very important hearing, because it is likely that the current custody and visitation arrangements will be changed to accomodate your daughter's school schedule. Whichever school the child ends up attending will likely end up with primary custody of your daughter. In determining which school your child should attend, and who should have primary custody of your dauther, the court will look to the best interest of your daughter. In determing whether to change custody, the court will look at a variety of factors, including how much time you each spend with your child, how good each school district is, how long each of you have lived at your current residence, and which school the child is likely to do better at. The court will then likely modify custody. However, the court will do its best to keep the current visitation orders as closely as it can. The court will also ensure that both of you are able to participate in your daughter's school activities.

If you live in the Temecula, Murrieta, Hemet or Riverside areas of Riverside County, California and have any questions about obtaining child custody or visitation rights or if you need divorce information, please feel free to contact our office to set up an appointment with a divorce lawyer at: (951) 816-9543.

For more information, please visit our websites: Family Law in Temecula, Riverside County Family Law, and Temecula Divorce