Do you have joint legal custody to where the change of schools needs to be mutual decision?
What is the deal with him changing schools, why is mom moving...?
What is your attorney saying about all this?
We do have joint legal custody. But it turns out it means not much the way it's worded. Had I *known* the reality of divorced parenting I'd have done SO many things differently. The orders state that we are to make joint decisions with regard to his education, religion, medical needs. In the event of our being unable to reach an agreement, Mom has final decision making authority. What this has turned into in reality is Mom feels an email 'notification of her decision' (in her words) 6 days before she puts it in action constitutes a discussion, and a decision-making process. Nevermind the 30-day statute to notify me of moving residences, nevermind the joint legal custody decision-making process. I emailed her my concerns for our son; no response; I emailed again, offering 4 other more stable arrangements for his education; no response (I do know she received them because I sent them return-receipt). Six days later, he's in a new school.
My ex moves every 9-12 months, and has done so since our divorce in 2005. It keeps happening due to roommates not working out, and my ex being underemployed and relying on CS for her own life. With each move there is a great intention (she will say whatever sounds good at the time to justify the move), but it never pans out - there's never any follow through to the great plans. Good for her if she wants to be a free spirit, and chase dreams - that's great when you're independently wealthy and/or don't have the responsibility of a child. I'm truly not being sarcastic on that. But when you have a child, those days are kind of over - your world changes. At least mine did. My ex *will not* work more than part-time. We were married for 1 year, so there is no alimony. I have paid maximum CS per our state's formula from day one; no 'credit for time spent', although he is with me 35%; I've never missed or been late for a payment. In 2008, I filed for custody modification (due to this same residential and school moving problem); she countered with a request to increase CS; the Judge denied the custody modification, and ordered a standard increase due to salary increase (the norm), and a 'discretionary increase' to add private school tuition to the max amt I was already paying; and ordered I pay attorney's fees for that case. The reason for the discretionary additional amount was not in writing - another BIG mistake on my part. Ex subsequently pulled our son from private school and put him in public school. She has moved 4 (or 5?) more times (can't remember which one right now without going back to emails). Ex does not understand that the best way to cover her own expenses is to work; the CS for our son is there, and always has been.
The attorney I contacted this week has said the original court does not have a designated 'family court'. They are accustomed to seeing parents in and out of jail, on drugs, no heat in the house, etc. "They only care that there's a loaf of bread in the house; if there is, the kid's fine, the court's not moving him." He says let her go ahead and get established in current county, where there is a dedicated family court, and they will not "put up with this type of instability for the child and abuse of power on legal custodial issues" from the custodial parent.
I've been trying to research residency laws, how long she has to be in the current county to file there, and can't pinpoint actual statutes or code. I posted here, and got advice of 6 months, but didn't get an actual statute. The 6-month code I am finding regards *state* jurisdiction, but not county.
I put in another call to the attorney (trying not to do this too much - can't afford it), and he said it doesn't have to be 6 months for the county move. He told me to call him back in a month and we'd move forward.
So that's where I am. Trying to do any legal legwork I can on my own. Stressing out when questions come up in my head an hour after talking to my attorney on the phone.
