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What to file for school choice dispute?


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#1 CASurfer

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Posted 27 February 2012 - 06:40 AM

Hi,
I've got 50% custody of my 5 year old child who needs to be enrolled in school for the Fall. Attempts to agree on which school the child should got to have failed. What form do I need to file to get the court to resolve the issue?
Our case is with the Family Court of San Jose California.
Thank you.



#2 pg1067

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Posted 27 February 2012 - 07:45 AM

CASurfer said...

I've got 50% custody of my 5 year old child

I'm unsure what you mean by "50% custody."  See Family Code Section 3002, et seq. (definitions of various types of custody).  For purposes of your post, I'll assume you're talking about joint legal custody.


CASurfer said...

Attempts to agree on which school the child should got to have failed. What form do I need to file to get the court to resolve the issue?


This isn't something that can be resolved simply by submitting a "form" to the court.  You'll need to file a motion, and I suggest that you speak with a local family law attorney.



#3 CASurfer

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Posted 27 February 2012 - 07:55 AM

I meant that I have 50% shared physical custody so, the court order doesn't provide any way to decide which school the child should go to - based on the father's home or mother's home.

I understand that this won't be resolved simply by submitting a form and, of course, I can pay an attorney to get it done. But I'd like to avoid the expense and do it myself.

So, what I was asking is instructions on how to file a petition. There are tons of forms on the court website but I don't know which one to use.



#4 pg1067

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Posted 28 February 2012 - 03:23 AM

CASurfer said...

I meant that I have 50% shared physical custody so, the court order doesn't provide any way to decide which school the child should go to - based on the father's home or mother's home.

Physical custody is irrelevant.  Decisions regarding education fall under legal custody.  If you're talking about rules relating to which public school your child attends based on where you and the mother live, and if the child truly lives with each of you exactly 50% of the year, then the child should be eligible to attend either the school based on your residence or the school based on the mother's residence.  On the other hand, since it is extremely unlikely that the child lives with each of you exactly 50% of the year, it may be necessary to enroll the child in the school based on the residence of the parent with whom the child lives the majority of the year.


CASurfer said...

So, what I was asking is instructions on how to file a petition. There are tons of forms on the court website but I don't know which one to use.


A step-by-step "how to" guide is beyond the scope of what you can get from an online message board.  I would suggest a visit to the Santa Clara County Law Library (http://sccll.org/) and a review of the Rutter Group's family law practice guide.



#5 CASurfer

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Posted 28 February 2012 - 03:30 AM

We have joint legal custody and our schedule is such that the child does spend exactly 50% of the time with each parent. But ok, I will seek help somewhere else.


#6 wallyball

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Posted 17 February 2013 - 09:44 PM

You would file a Request For Order from the downloadable Family Court forms.


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