Why didn't the courts grant a residential parent?

[ogal]

What is the name of your state (only U.S. law)? Ohio

I've been posting on here a lot lately and wonder, why didn't the courts grant a primary residential parent? Our son is going to be 3 in a month and possibly be starting preschool next year, like in 13 months. I know it's a ways away but it has been a discussion my ex and I have discussed, but we aren't agreeing. My ex wants him to go to another school, not even in the school district that he's in and I just want him to go to the school in the school district I live and where our sons babysitter is. I know the babysitter prolly isn't important, but there is a court order that we must use that babysitter because my ex was leaving our child random places when he went to work. If we can't agree on where he will go to school when that time gets here, how will the courts decide? We have sharred parenting. My ex lives 20 miles or so away from me and I have our son every day except 1 day a week and every other weekend. Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio

I've been posting on here a lot lately and wonder, why didn't the courts grant a primary residential parent?

Did you request it?

 

[ogal]

Did you request it?

Yes, and the GAL said at this time he was not having one because a lot can change in 3 years. But we will be back in court in less than a year if I want to peruse 1/2 day preschool. Which in reality will only affect my exes visitation by 3 hours every week, but still in the court documents it says neither one of us can enroll in school or any kind of extra curricular activities without the others permission. Which I agree is fair and they are doing that so we get along and make joint decisions, but we aren't there yet.

 

[Zigner]

Yes, and the GAL said at this time he was not having one because a lot can change in 3 years. But we will be back in court in less than a year if I want to peruse 1/2 day preschool. Which in reality will only affect my exes visitation by 3 hours every week, but still in the court documents it says neither one of us can enroll in school or any kind of extra curricular activities without the others permission. Which I agree is fair and they are doing that so we get along and make joint decisions, but we aren't there yet.

The court orders are clear. You need to learn to co-parent. And, you also need to learn that co-parenting doesn't mean that you get to call all the shots.

 

[LdiJ]

The court orders are clear. You need to learn to co-parent. And, you also need to learn that co-parenting doesn't mean that you get to call all the shots.

While this is absolutely true, in this instance I think it likely that the OP would prevail in court. If I understood her correctly dad has every other weekend and 1 day a week. Therefore the child would be in her custody for most of the school week, therefore its likely that a judge would rule that the child attend school, or even preschool, in her district.

This really is one of those things where logic and practicality do actually figure into judge's decisions.

 

[Zigner]

While this is absolutely true, in this instance I think it likely that the OP would prevail in court. If I understood her correctly dad has every other weekend and 1 day a week. Therefore the child would be in her custody for most of the school week, therefore its likely that a judge would rule that the child attend school, or even preschool, in her district.

This really is one of those things where logic and practicality do actually figure into judge's decisions.

Fair enough - I didn't consider that in my answer when I should have.

 

[CJane]

Dad also wants to enroll kiddo in a district where neither parent reside.

 

[ogal]

Dad also wants to enroll kiddo in a district where neither parent reside.

Yes, correct a private catholic school. In which may I add neither my ex or myself are catholic. I do work in the town where he wants to send him to school so that's how's he's justifying it. It would be more convienent for me he states. In reality it won't cause we'll just have to find a new babysitter in the town where he goes to school. And the babysitter we have now our child has had since he's been 4 months old.

 

[Ohiogal]

While this is absolutely true, in this instance I think it likely that the OP would prevail in court. If I understood her correctly dad has every other weekend and 1 day a week. Therefore the child would be in her custody for most of the school week, therefore its likely that a judge would rule that the child attend school, or even preschool, in her district.

This really is one of those things where logic and practicality do actually figure into judge's decisions.

Sorry but it is preschool and a judge will NOT order that preschool interfere with dad's visitation. Preschool is NOT required and therefore will not figure into visitation at this juncture. She should consider when the child is going to be entering kindergarten at the age of 5 -- that is when the court will be more apt to choose a residential parent. Where will she be living then? Where will dad be living then?

 

[LdiJ]

Sorry but it is preschool and a judge will NOT order that preschool interfere with dad's visitation. Preschool is NOT required and therefore will not figure into visitation at this juncture. She should consider when the child is going to be entering kindergarten at the age of 5 -- that is when the court will be more apt to choose a residential parent. Where will she be living then? Where will dad be living then?

I only mentioned preschool because it appears that BOTH parents want the child to go to preschool. If dad doesn't want the child to go because it interferes with his parenting time, then mom is either not going to be able to send the child (unless a judge overrules dad) or mom will have to find a preschool schedule that doesn't interfere with dad's time.

 

[Ohiogal]

I only mentioned preschool because it appears that BOTH parents want the child to go to preschool. If dad doesn't want the child to go because it interferes with his parenting time, then mom is either not going to be able to send the child (unless a judge overrules dad) or mom will have to find a preschool schedule that doesn't interfere with dad's time.

A judge is not going to overrule dad on preschool most likely -- why? Because PRESCHOOL IS NOT NECESSARY and the judge has just seen these people and is aware of the way the orders are. These parents need to be able to coparent. When the child needs to go to kindergarten mother should have those arguments available regarding schooling. Until then she will need to work around dad's time.

 

[ecmst12]

And this poster needs to STOP starting multiple new threads about the same situation.