Father moved to diff county and wants kids to change schools

[needscadvice]

PLEASE PLEASE - ADVICE needed!!!

What is the name of your state? South Carolina

Father got remarried and moved to a different county - I have filed a motion so that the kids don't have to change schools - they love their school and are crying daily - don't want to leave their school.

Judge hasn't made a decision yet and I don't know what the laws are in this state. Should he be allowed to move the kids' schools?

We have joint physical and legal custody of the kids. No one has primary placement or anything over the other one.

I allowed him to have the address for school purposes because he lived in a better school district than I did at the time but they go to a private school that my parents pay for - the father has always loved the school until this year when he got remarried and her kids go to school in another county where he now lives.

But, since he remarried, he is trying to force the kids to move to where her kids go to school and all. they don't like going to his house anymore either and cry every time it's time for them to go. They say they hate it down there and call and ask to stay with me and he ALWAYS says no!!!

What can I feel is going to happen???

 

[needscadvice]

Sprry - I filed the court motion

I filed the court motion to keep them in the school they have been in since 1999.

 

[needscadvice]

Any advice at all

any advice at all will be helpful - please

 

[tigger22472]

It is unlikely that they will remain in that school if neither parent lives in that district. The courts can not override the school if they have a statute requiring someone live in the district nor will a judge force someone to pay tutition to do so if that's an option.

The child will likely be in either your district or his.

 

[needscadvice]

I pay tuition at school

I pay the tuition at the school - he's not asked to pay ANYTHING to let them stay at the school they love and have always been going. I live in this school district. He moved to the other school district and has them enrolled over there in his school district as well. My oldest is 11 - will be 12 soon and has been going there since he was in kindergarten in 1999. My daughter started there in K-4 so she has been going there since 2001. My youngest is enrolled and is planning on going there this fall.

 

[needscadvice]

How can he change their schools

how can he change their schools and move out of county? Doesn't he have to relinquish custody of some sort if he moves away?? why is it that the kids HAVE to move and follow him. Should it be that he should live around the kids' school as I do and not the kids move to make his life easier???

 

[tigger22472]

You had not indicated that you now lived in that district. Your first post said you didn't live in that school district, and considering they had already been using dad's address for school then it's plausable they would follow him. However, the fact you now say you live in the district makes a difference.

 

[needscadvice]

so - tiger what do you think??

tiger - do you think I have a really good case to keep them there?? Yes, I agreed to him having the line on the school papers to be the contact person - whoop dee do - I pay the bills and I take them on field trips and drop them off and pick them up on my custody days - so it's not like I have no clue as to what is going on there - it is just an address. The address was only supposed to be used if they needed to go to another school and then we would use his address, but if they stayed in their current private school then the address thing didn't matter because people live in the neighboring state and bring their kids to school up here - it was just an address to use if they needed to be enrolled in public schools at a later time if I couldn't get a hold of the money from me and my parents to pay for it.

 

[LdiJ]

tiger - do you think I have a really good case to keep them there?? Yes, I agreed to him having the line on the school papers to be the contact person - whoop dee do - I pay the bills and I take them on field trips and drop them off and pick them up on my custody days - so it's not like I have no clue as to what is going on there - it is just an address. The address was only supposed to be used if they needed to go to another school and then we would use his address, but if they stayed in their current private school then the address thing didn't matter because people live in the neighboring state and bring their kids to school up here - it was just an address to use if they needed to be enrolled in public schools at a later time if I couldn't get a hold of the money from me and my parents to pay for it.

Take a big deep breath on this one. You definitely have a decent chance of prevailing. Dad moved away and that gives you the definite "edge". However, time is very short until school starts...therefore, if you don't have an attorney helping you with this one I strongly recommend that you get one.

 

[needscadvice]

thanks

I really need your help with anything that you guys are aware of - you guys are great