Lombardo v. Lombardo

507 N.W.2d 788 (Mishap. 1993)

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Nature of the Case

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Facts

H and W were divorced on May 14, 1985, and awarded 'joint custody, care, control and education' of their children Michael, Erin, and Robert. W got physical custody, but the judgment was amended later to transfer physical custody to H. W was awarded visitation rights. Robert ranked fourth of nine hundred students. Robert completed a fourth-grade curriculum as a third grader at the Old Mission School. Robert was selected to attend the school district's talented and gifted program, which selects children from home schools and places them with other gifted children for education. W thinks that Robert's attendance in the program is essential for him to reach his scholastic potential. After watching Robert's brother Michael go through the program, H believes that Robert would experience difficulty adjusting to the program and might narrow his focus on academics only. Unable to agree with regard to the issue, W filed a motion to order Robert into the program. The trial court determined that the parent who is the primary physical custodian should make the decision. The trial court also concluded that if a different standard of review was applicable, then there had not been a showing that keeping Robert at his current school was not in his best interests. W appealed.