Ex moving switching schools

[cryptic2010]

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

I have joint legal and physical custody with a 2/2/3 rotating schedule of my eight year old son finalized in 2015. I have never missed any of my parenting time ever. We currently live in the same school district. She says she is buying a house about thirty minutes away, in the opposite direction of my work. Her solution to the move is to put him into the school district near her the year following her move and if I wish I can continue to get him on my scheduled days if I do the extra driving. She also stated she wants to remove my Friday overnights. Of course I want none of this to happen. Also my son's current school district is a level 2 district with a level 1 high school, the new district is a level 3 district where the elementary school is in the sixth percentile. The current school district is the only one he's gone to, all his friends, teachers etc.. are here in the current school district and he also has IEP so he has some learning challenges. I have talked to 2 attorneys so far who had very different advice on what to do. The CO says nothing at all about school or moving. Any advice would be appreciated.

 

[Ohiogal]

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

I have joint legal and physical custody with a 2/2/3 rotating schedule of my eight year old son finalized in 2015. I have never missed any of my parenting time ever. We currently live in the same school district. She says she is buying a house about thirty minutes away, in the opposite direction of my work. Her solution to the move is to put him into the school district near her the year following her move and if I wish I can continue to get him on my scheduled days if I do the extra driving. She also stated she wants to remove my Friday overnights. Of course I want none of this to happen. Also my son's current school district is a level 2 district with a level 1 high school, the new district is a level 3 district where the elementary school is in the sixth percentile. The current school district is the only one he's gone to, all his friends, teachers etc.. are here in the current school district and he also has IEP so he has some learning challenges. I have talked to 2 attorneys so far who had very different advice on what to do. The CO says nothing at all about school or moving. Any advice would be appreciated.

File to block your son from moving. Mom can do the extra driving if she chooses to move.

 

[HRZ]

AND pay keen attention now as 50/50 balance ...nights or whatever counts....and don't budge and Mom takes more ..her Plan is designed to cut you short!

Use good counsel

I get it that a better school district is generally in child's best interest ....but leave that to counsel to address, if at all.

IN theory every district provides an appropriate education and every district must provide appropriate IEP services

 

[cryptic2010]

How do you find a good attorney? Obviously my first one sucked. I've spoken with two so far. One said move now to establish clearly where he goes to school then get her on contempt if she tries anything. The other said basically it's implied in the joint legal and if she acts unilaterally take her in for contempt. I'm afraid if I pull her in now and the judge says school is based on where Mom lives I will lose the ability for a contempt later and will have paid for my own undoing. This is all so stressful.

 

[Ohiogal]

How do you find a good attorney? Obviously my first one sucked. I've spoken with two so far. One said move now to establish clearly where he goes to school then get her on contempt if she tries anything. The other said basically it's implied in the joint legal and if she acts unilaterally take her in for contempt. I'm afraid if I pull her in now and the judge says school is based on where Mom lives I will lose the ability for a contempt later and will have paid for my own undoing. This is all so stressful.

Get out your court order. Does it state Mom determines school district? If not, then it's implied in joint legal.

 

[cryptic2010]

The court order says nothing about school or moving at all. The separation agreement basically has 3 or 4 sentences starting with "the parents shall have joint legal and physical custody of the minor children". Then lays out the schedule in the next few sentences. That's it.

 

[Just Blue]

The court order says nothing about school or moving at all. The separation agreement basically has 3 or 4 sentences starting with "the parents shall have joint legal and physical custody of the minor children". Then lays out the schedule in the next few sentences. That's it.

What county was it in?

 

[cryptic2010]

Worcester county.

 

[Ohiogal]

Then mom cannot unilaterally change schools.

 

[cryptic2010]

So any thoughts or opinions on what to do?

 

[LdiJ]

So any thoughts or opinions on what to do?

Tell mom that if she buys a house outside of the current school district that you will file for primary custody in order to keep the child in the current school district. Tell mom to feel free to get a consult with a local attorney as to whether or not the odds would be in your favor.

The odds would be in your favor. An attorney should tell mom that.

 

[not2cleverRed]

So any thoughts or opinions on what to do?

Well, you could counter that perhaps the child should be staying in his current school district.

Furthermore, propose that she can have the same schedule if she provides all the transportation, as *she* is the one moving and creating the distance, but that as you're a fair guy, you wouldn't eliminate all her Friday overnights.

At least, that sounds fair to me... and even in the best interest of the child. I'm pretty sure that it'd give her a conniption fit.

 

[cryptic2010]

My response to her was that I would make any changes needed to the schedule to work with her but my only two requirements were that he needed to stay in his current school district and I needed to have the same number of overnights. Her response was that we need to have the judge decide. So you see what I'm dealing with. This will end up in court I believe, it's just a matter of when and who brings it to court. I believe if I wait she will try to switch the school. If the school allows it I'll have to act. If the school doesn't I give it a 50/50 that she brings it. Is it worth telling the current school and the potential new school my stance on this if in fact she does move? My biggest fear is that she successfully switches schools and the judge sees it as the status quo.

 

[LdiJ]

My response to her was that I would make any changes needed to the schedule to work with her but my only two requirements were that he needed to stay in his current school district and I needed to have the same number of overnights. Her response was that we need to have the judge decide. So you see what I'm dealing with. This will end up in court I believe, it's just a matter of when and who brings it to court. I believe if I wait she will try to switch the school. If the school allows it I'll have to act. If the school doesn't I give it a 50/50 that she brings it. Is it worth telling the current school and the potential new school my stance on this if in fact she does move? My biggest fear is that she successfully switches schools and the judge sees it as the status quo.

Please do not assume that the school has the authority to allow or not allow it. The school does not have that authority. Please make it crystal clear to mom that if she attempts to change the child's school that you WILL file to modify custody to give you primary custody.

 

[cryptic2010]

So it seems like I should just wait and bring her in on contempt quickly if she messes with the school or parenting time at all.