Legal Question in Family Law in Colorado

My son went to a public school that his father and I agreed to send him to last year. This year he went behind my back and his common law wife and him registered him to a private school. I do not agree with private school and do not want my son attending a private school. We are going to go to court on this matter but in the mean time where do I send my son to school so I do not commit a contempt of court. I have filed a contempt of court on his father already for this matter because we have joint custody


Asked on 8/06/14, 11:50 am

1 Answer from Attorneys

That depends in part on your current orders. Who is designated as the primary residential parent for statutory purposes? Generally, the tie-breaker in this scenario is that whomever is designated as the primary residential parent has the ability to put the child in the school in her/his district. If both schools are in the same district, this may not work as well. The other relevant factor you've mentioned here is that if you want him to attend the same school he attended last year, that is a safe choice for now. Effectively, your son's father is asking that the status quo be changed. It is generally safe to preserve the status quo while the dispute is being heard through the court. Please remember that this is a very general answer based on very few facts and should not be treated as legal advice. To know for certain that you are within your rights, you should consult an experienced family law attorney who can discuss all of the details of your situation and help you decide what your best course of action is.

Read more
Answered on 8/07/14, 7:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Colorado