Sunday, August 4, 2013

My son turn 5 in 2014, meaning school enrollment. I live in NY his mother in Oakland County. We share physical & legal custody.

Q:  What does a judge base a decision on where Our son will go to school?

A:  David's Answer:  If you mean "Oakland County" as in Michigan, then despite the words on the paper, you would not appear to have de facto shared custody (assuming that's what the order says, as opposed to "joint custody"). If the child resides the majority of the time with the mother, then the Court will likely allow her to enroll the child there. That said, which state issued the custody order? If MI issued the order, then you'd need to consult a lawyer there. In any event, for a full assessment, you're best advised to schedule a consultation with a Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (

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