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  1. #1
    JAKES_MOM is offline Junior Member
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    Jul 2004
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    Lightbulb School enrollment

    What is the name of your state? PA

    At the end of June, I moved out of our marital home and took my son with me (do to emotional and verbal abuse from my husband). My son has been living with me ever since and seeing his dad every weekend plus a week for cub scout camp. They've had phone contact every day.

    My husband refuses to sign any stipulation agreeing to me being the primary residential custodian until a final custody order is entered yet he has agreed to informally follow the visitation schedule we proposed.

    He filed an emergency petition to request that I not be permitted to enroll him in school and to propose a week by week shared custody (we live 30-40 minutes apart) and for him to remain in his old school district. My school district is much better. The judge refused to hear the petition as an emergency despite the fact that school starts in less than a month. So, my lawyer says it could be months before we have a hearing of any sort.

    My husband also sent a letter to the old school district instructing them not to release my son's records to a new school unless we both agreed.

    My lawyer is recommending that since he has been living with me, to try to go ahead and register him for school in the new district so he doesn't have to return to the old one by default.

    Does anyone have any other advice?
  2. #2
    snostar is offline Senior Member
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    Long Island, NY
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    I've also been in a situation where the court does not consider schooling an immediate emergency. You can always get the school records yourself and provide them to the new school. Take your attorney's advice.
  3. #3
    stealth2 is offline Senior Member
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    Why can't you find a place within your son's current school district?
  4. #4
    tigger22472 is offline Senior Member
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    Nov 2001
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    Monticello, In
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    I do disagree that the judge didn't rule on this yet but until he does both parents have the same legal rights so basically it's a matter of who enrolls the chid first and where he is when the first day of school starts. You have not had an initial hearing? Generally in the initial hearing they grant 'temporary' custody until it is heard and settled.
  5. #5
    JAKES_MOM is offline Junior Member
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    We lived in a suburban area so there were very few apartment buildings and most would still require a change in schools. I chose to find an apartment near where I worked which had amenities like a pool, playgrounds, etc. and within a better school district.

    I filed a divorce complaint when I moved out which included a custody request. We proposed a temporary custody agreement as a stipulation but my husband refused to sign. He also refused mediation. Instead he filed this petition to prevent me from enrolling him in school and proposed the 50/50 custody. Since that's been denied, we're back to 'due course' and won't get on the schedule for at least a month plus there's required mediation and seminars to attend.

    I'm not sure if there's anything else that I can file to at least get a temporary order in place.
  6. #6
    tigger22472 is offline Senior Member
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    Monticello, In
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    Speak to your lawyer about filing for emergency TEMPORARY custody. That's the only thing I can think of at the moment. I filed for divorce in Dec. of 99 and was in court in Jan. and a temporary issue was ordered then with the final in May.

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