QUESTION
Can a non-custodial parent restrict the custodial parent from changing the children’s place of education?
Asked on Oct 24th, 2012 on Child Custody - Alaska
More details to this question:
The custodial parent is relocating to another city within the same metropolitan area (within 12 miles) and desires to change the children's education providers so that they attend schools close to their new home; however, the non-custodial parent does not agree to this change in education providers. The custodial agreement states that parties will make this decision jointly.
9 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
Generally, to have joint decision making, you need to have shared parenting, not a custodial and non-custodial situation. If your court agreement requires joint decision making, then the other parent cannot move the children's school until you agree, you reach an agreement in mediation, or the court decides. You should consult local counsel on stopping the change of schools.
Answered on Oct 26th, 2012 at 11:01 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
The physical custody of the child does not quite matter as much as who has legal decision making over the child or children. If you share joint "legal" custody, it means that major decisions such as education should be made jointly. Sometimes a non-custodial parent can request that the Court get a parenting coordinator involved to help resolve school choice issues, but depending upon other facts and circumstances, you could seek modification of parenting time. I would suggest consulting an attorney.
Answered on Oct 26th, 2012 at 5:18 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes, Go to court to change the school
Answered on Oct 25th, 2012 at 11:01 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Hire an attorney to help resolve this dispute. The parents have to agree and the court does not want to get involved in childish things like this. You will probably have to go to mediation to try to resolve this issue, prior to being able to go in front of a judge.
Answered on Oct 25th, 2012 at 10:13 PM
Family Law Attorney serving Bluffton, SC
at
Peacock Law Group of the Lowcountry, LLC
Update Your Profile
The reality is, depending on the agreement, in order to keep the children at the current school, you will have to go back to Court and let the Court assist in making the determination. You should consult with a local attorney as soon as possible in regards to this matter.
Answered on Oct 25th, 2012 at 8:47 PM
The terms of your court order will dictate who can make that decision. If your order states that you two must agree on all educational decision, you will not be able to change the children's school. However, if you have now moved into a new school district, you may not have a choice but to move the children from one school to the other. Does your children's other parent live in the old school district? Generally, one parent's residence is designated as the primary residence for determining the children's school district, and final decision-making authority is given to one parent or the other on decisions such as these. Please read through your order carefully and talk with the attorney that assisted you in obtaining that order to help you determine the exact language.
Answered on Oct 24th, 2012 at 10:04 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The answer depends on whether or not there is a current court order and, if so, whether that order states who has the decision-making authority. If there is only an informal agreement that has never been approved and adopted as a court order, the custodial parent can move regardless of what the agreement says, but at the risk of consequences if a court becomes involved and chooses to enforce that agreement. If the agreement has been approved and adopted as a court order, the custodial parent risks being held in contempt by failing to abide by the agreement. Even if there is a court order stating that education and/or relocation is a joint decision, the fact is that 1-1 is a tie and it will be up to the court to become the tie breaker.
Answered on Oct 24th, 2012 at 5:07 PM
Because you have joint custody, major decisions, such as education, must be made jointly. However, if the new school is within the district of your new home, you may be able to change schools by just informing the other parent.
Answered on Oct 24th, 2012 at 5:07 PM
Suzanne H. Lombardi
If the custodial agreement says that the parties will make decisions jointly and if the custodial parent insists on breaking the agreement then you would have the substantial change in circumstances necessary to file a motion with the court. I would suggest hiring an attorney so that you make sure that you make your argument known properly with the court.
Answered on Oct 24th, 2012 at 5:06 PM