Legal Question in Family Law in Wisconsin

Day care decision making definition

I was awarded sole medical decision making and sole daycare decison making for my daughter, at the time she was 2. She is now 9. Does sole daycare decision making now convert over to sole school decision making? Both parents live in two different cities 45 miles apart. My daughter can't decide which school she wants to go to. Do I have the legal right to decide for her no matter what the other parent wants?


Asked on 7/21/07, 1:56 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Day care decision making definition

Unfortunately you were not foresighted enough to anticipate this school choice question. As you describe it, your divorce judgment does not address this specific issue. If the decree states that you and your ex have joint decision making except for medical and daycare issues, then the default standard is probably that the school decision is a joint decision.

Nonetheless, how would your ex unilaterally enroll your daughter in a school district in which he does not even live? Discus that question with your school district administrator. Perhaps you will find that, without a specific court order, you ex has no standing with the school district to have any say where your daughter goes to school. In that is the case, there is no issue to be concerned about.

In any event, as you describe your circumstances, it is difficult to envision that if this school choice issue were to come before the court now, that the court wouldn't assign the right to choose the school to you anyway. After all, your ex lives 45 miles away and you obviously have primary placement, so why would the court give the ex a say in what school your daughter should attend? You are the one who will be involved in all aspects or your daughter�s education such as transportation, extra curricular activities, school functions, etc., etc.

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Answered on 7/21/07, 2:35 pm


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