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Court of Appeals to Decide the 'Soul' of Sole Custody

By Robert Z. Dobrish

In Fuentes v. Board of Education of the City of New York, NYLJ, Sept. 2, 2008, pp. 23-24, the Second U.S. Court of Appeals certified a question to the New York's highest court, the Court of Appeals, stating that that court needs to decide whether a noncustodial parent has the right to participate in educational decisions relating to a child where the divorce decree and custody order do no more than grant sole custody to the other parent.

Conventional wisdom ' which was not cited in the decision ' has been that “sole custody” means the right of one parent to make decisions in certain areas (one of them being education) without the other parent's having that right.

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