Lombardo v. Lombardo

In Lombardo v. Lombardo, 202 Mich. App. 151; 507 N.W.2d 788 (1993), the parents had come to an impasse concerning the proper educational setting for their minor son. The lower court determined that because the defendant father had sole physical custody of the boy, he alone had the authority to decide into what educational program the boy would be enrolled. Id. at 153. The Court disagreed, concluding that a "court should not relinquish its authority to determine the best interests of the child to the primary physical custodian." Id. at 160. The case did not involve a stipulated order transferring custody of the boy, nor was there an issue about any stipulation reached between the parties that would limit the court's ability to determine the best interests of the child. Further, Lombardo specifically "concluded that a trial court must determine the best interests of the child in resolving disputes concerning 'important decisions affecting the welfare of the child' that arise between joint custodial parents." Lombardo, supra at 160.