DON'T PLAY TUG-OF-WAR OVER YOUR CHILDREN

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you an informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I enroll my children in a school of my choosing if I am separated from my wife? My wife and I have 5 kids. A month ago she left and moved across town. The 3 older kids (teenagers) stayed with me she took the 2 younger kids, ages 10 and 8. She then removed them from their school and enrolled them across town at another school against my objections. I want to do what is best for my kids and was wondering since we are still married and no papers have been filed, is there anything stopping me from picking my 10 and 8 year old up from school and enrolling them in their old school where they want to be?

ANSWER: You shouldn't play tug-of-war with your wife about the children. You should promptly retain a Family Law Attorney to file a divorce case and an Order to Show Cause regarding Child Custody and Visitation, in which you request the Court to make orders pertaining to the schooling of the two youngest children (among other things). Were you to re-enroll the children in their old school, your wife may likely file a divorce case and an Order to Show Cause, and a Court might penalize you for playing tug-of-war. If your wife is granted custody of the two youngest children, the Court might see the sense of putting those children back in their old school to the end of the semester (but then let your wife move the children to the new school), or alternatively, the Court might look at the geographical convenience of the new school and permit her to keep the children in their new school. The Court could, but is not required to, consider the childrens' desires. It may be a good idea to request, in your Order to Show Cause, to have minors' counsel appointed to represent the interests of the children, so that their desires can be conveyed to the court.