Marriage of C.D. & G.D.
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C.D. (Mother) appeals from the trial court’s post-judgment order granting a request from G.D. (Father) that she enroll their minor daughters in public school. Mother contends the order must be vacated because, without a change in custody, Father has no decision-making authority regarding their daughters’ education.
The Second Appellate District agreed with Mother and vacated the order. The court explained that A parent with “sole legal custody” has “the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.” Here, Father requested a say in his daughters’ education by asking the trial court to order Mother to enroll them in public school. But because Mother has sole legal custody of the girls, Father has no right or responsibility concerning their education. To obtain those, Father had to secure joint legal custody by showing a significant change in circumstances. The court explained that the trial court erred when it granted Father’s request for an order directing Mother to send their daughters to public school. Prior to issuing such an order, the trial court was required to find that Father demonstrated a change in circumstances warranting modification of its initial custody order. Not making that finding was an abuse of discretion.
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