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Lombardo v. Lombardo

Court of Appeals of Michigan
507 N.W.2d 788 (Mich. App. 1993)


Facts

Mrs. Lombardo (plaintiff) and Mr. Lombardo (defendant) were divorced and were awarded joint custody, care, control, and education of their three children—Michael, Erin, and Robert. Physical custody of the children was awarded to Mr. Lombardo, and Mrs. Lombardo was given visitation rights. Subsequently, Robert successfully tested for placement in a gifted-and-talented education program. Mrs. Lombardo believed that Robert’s attendance in the program was essential to his educational future. However, Mr. Lombardo believed that Robert was successful in his current school and would experience difficulty adjusting to the new program. Unable to agree on the matter, Mrs. Lombardo filed a motion to order Robert into the program. Following a hearing, the trial court denied Mrs. Lombardo’s motion, concluding that Robert did not need to be enrolled in the new program and could not be easily transported to the new school. Further, the trial court concluded that, in the absence of statutory authority, the parent with primary physical custody of the child should make the decision. Mrs. Lombardo appealed.

Rule of Law

Issue

Holding and Reasoning (Holbrook, J.)

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