In re Marriage of C.D. v. G.D. (Second Case)

Mother had sole legal custody of the minor children. Father filed a request for an order that Mother enroll the minor children in public school. The trial court granted Father’s request and Mother appealed.

The Court of Appeal found that the trial court abused its discretion when it granted Father’s request for an order directing Mother to enroll the minor children in public school. The Court of Appeal held Father had no rights or responsibilities concerning the children’s education because Mother had sole legal custody. Father, thus, had to obtain joint legal custody by showing a significant change in circumstance. Because Father did not show a significant change in circumstance that would have warranted a change to the parties’ existing custody order, the trial court abused its discretion by granting Father’s request.