Change of schools for your child is a big decision. If you and your ex have joint legal custody, you need to agree on important issues for your kids like where they go to school, what kind of medical treatment they receive and whether and when they practice a particular religion. If you and your ex can not agree on change of schools, you’ll need to ask the court for help. And it you’re going to be in court, we always recommend that you have an attorney advocating for you.
Unless your judgment or order states differently, you may not make change of school and other decisions about education, medical treatment or religion without an agreement with your ex. If the two of you can’t agree on change of school, a judge will make the decision for your family after hearing evidence from both sides. This is typically referred to as a “Lombardo Hearing” (after the case Lombardo v Lombardo, one of the most important change of school cases) and results in a mini-trial or “evidentiary hearing” on the issue.
Don’t wait ’til the last minute to file a change of school motion – it can take months before you get your hearing. Plan ahead. Contact us to schedule a strategy session as soon as you know that a motion about change of school might be on the horizon. And if you’ve been served with a motion, gathering data and preparing the evidence in a case like this takes time. As soon as you’re served with legal paperwork, contact an attorney to go over your options.