What are the rights of a husband who disagrees with his wife about what religious school their children go to?
QUESTION: I want to remove my kids from Catholic school and enroll them in a different school. Wife disagrees. What are my legal rights if we both disagree and I attempt to re enroll my children in a different school?
ANSWER: From my Utah divorce lawyer perspective: if you were awarded the absolute right (as opposed to joint rights) to choose where the children attend school, then you can enroll them wherever you wish, as long as the school doesn’t do the kids more harm than good (must act in the best interest of the children). But it’s unlikely these days that either parent is awarded the absolute right to choose where the children attend school, which means you and your ex probably are ordered to decide the matter jointly, and if you can’t, then you bring it before the court for a decision. If the children have been customarily enrolled in Catholic school for a while and if you can’t show that attending Catholic school is deleterious to the children, then it’s highly unlikely (I’d bet serious money against you) that a court would allow you to enroll them elsewhere.
Utah Family Law, LC | divorceutah.com | 801-466-9277