What are the rights of a custodian?
A child’s legal custodian has the right to determine the child’s upbringing, including but not limited to education, health care and religious training. Custodial powers are not, however absolute. After hearing on motion of the noncustodial parent, a court may specifically limit the custodian’s authority where necessary to the best interests of the child. Absent such a limitation, the right to control the education of a child encompasses the right to select the schools the child shall attend. Removal of a child from school and initiating home schooling constitutes a change in circumstances “warrants judicial inspection.” Courts recognize that a child’s changing needs, including school needs, may require a change in custody arrangements in order to serve the child’s best interest, but educational issues do not occur in a vacuum.
