Dear Attorneys,
My daughter is a junior in high school and recently told me she wants to study abroad in Europe for part of the school year. I think it’s a wonderful opportunity! However, her father and I are divorced, and when I mentioned it to him, he said he doesn’t agree with her leaving the country for that long. We have joint custody, but she lives primarily with me. Can I just give permission on my own since I think it’s in her best interest?
Sincerely,
Advocating for Abroad
Dear Advocating,
We completely understand why you would want to support your daughter’s study abroad experience—it can be a fantastic opportunity for personal and educational growth. However, since you mentioned that you and your ex-husband share joint legal custody, the answer is no, you cannot make this decision on your own without realistically violating your underlying divorce decree if you have joint legal custody.
When parents share joint legal custody, it means that both parents have equal decision-making rights when it comes to major issues in their child’s life. This includes decisions about education, medical care, religion, education and any other significant decisions. In most situations, a significant time spent abroad like you are referencing would fall into that category.
Even if your daughter primarily resides with you, legal custody is separate from physical custody, so that’s what would be taken into consideration by the court if for any reason your ex-husband filed a motion for contempt.
If you and your ex-husband cannot come to an agreement, you may want to consider either seeing a co-parenting counselor, a mediator, or, possibly even filing a post-judgment motion. If you truly believe that this experience would be in your daughter’s best interest, then you can state that as your basis and see if you can modify joint legal custody so that you have final decision making authority over at least he educational decisions. The court would likely consider factors such as the educational benefits, safety, and logistics of the program, as well as the impact on the parent-child relationship.
In the meantime, it may be helpful to keep the conversation open, gather all program details (including safety protocols and communication plans), and share that information with your ex-husband to help facilitate a productive discussion
At Wolf & Shore Law Group, we know that co-parenting decisions can be tricky—especially when they involve big opportunities like this. Our attorneys can help you understand your legal rights, explore solutions, and, if needed, guide you through mediation or court proceedings to reach a resolution that works for your family.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
