What is the name of your state (Colorado)?
My ex and I divorced 4 years ago when our child was one. We filed pro se. We have joint physical custody with me being the custodial parent. Right now for custody, we do 2 days, 2 days, 3 days being the weekend and then alternate every other week. (Although that is not what the agreement states as the child is older now.) In the agreement, it states that for terms of education, the child would attend school according to my address. However, when the child was roughly 9 months old we put him on a waiting list for a charter school that at the time was top in the district and not particularly close to either of our residences.
When we were first divorced, I stayed in our marital home. My ex first moved into an apartment and then into a home in the same school district, but 20 minutes away. After the marital home was sold, I moved again to the same school district, but about two miles from the ex (although technically the elementary school would be different, same middle and high school) as I thought that it would be good to be close to one another for sharing custody, school etc. Then, my ex got re-married and moved 20 minutes further away, again in the same school district but with different schools. He did not tell me of his intentions to move or even that he did- I had to find out from the child.
The woman that he married has a daughter who they open enroll in the same school district, but different elementary school that is in my neighborhood or my ex’s.
Next year it is time for the child to attend Kindergarten and my ex is trying to fight me on the issue. I would like to enroll him in the elementary school in my neighborhood for the following reasons. 1) The neighborhood community environment of playing with neighborhood kids, activities, etc. 2) I purchased a home with a large community feel, and 3) it is ranked the #1 school in the state of Colorado. The 3rd reason is the most important but I feel that all play a part in creating a good environment for school, etc.
My ex does not like this idea at all… he want to push him to either go to the charter school (which is currently ranked 60 in Colorado Schools) or to the same one
that his step-daughter goes to (ranked number 14), which again, is not the direct elementary school for either one of us. Basically, for him to drive the child to the elementary school in my neighborhood it would be an extra 20 minutes each way. But again, he is the one that chose to move away.
Does he have any grounds for this? Would a lawyer even consider his requests? Are there any circumstances that they would? Do the ranking play in part for a ruling?
Since I feel that this is a ridiculous request made simply out of trying to accommodate his new life and his own choices, is there any way that I could get him to pay my lawyer fees?
Also, how do the courts see custody when the child is going to a school much close to one parent than the other? Would they ever want to modify to Monday through Thursday for one parent and then the weekends for the other? Or in this case, status quo would work as long as the ex was willing to drive him to school?
Thanks in advance for any input you can offer and I am sorry this is confusing.
My ex and I divorced 4 years ago when our child was one. We filed pro se. We have joint physical custody with me being the custodial parent. Right now for custody, we do 2 days, 2 days, 3 days being the weekend and then alternate every other week. (Although that is not what the agreement states as the child is older now.) In the agreement, it states that for terms of education, the child would attend school according to my address. However, when the child was roughly 9 months old we put him on a waiting list for a charter school that at the time was top in the district and not particularly close to either of our residences.
When we were first divorced, I stayed in our marital home. My ex first moved into an apartment and then into a home in the same school district, but 20 minutes away. After the marital home was sold, I moved again to the same school district, but about two miles from the ex (although technically the elementary school would be different, same middle and high school) as I thought that it would be good to be close to one another for sharing custody, school etc. Then, my ex got re-married and moved 20 minutes further away, again in the same school district but with different schools. He did not tell me of his intentions to move or even that he did- I had to find out from the child.
The woman that he married has a daughter who they open enroll in the same school district, but different elementary school that is in my neighborhood or my ex’s.
Next year it is time for the child to attend Kindergarten and my ex is trying to fight me on the issue. I would like to enroll him in the elementary school in my neighborhood for the following reasons. 1) The neighborhood community environment of playing with neighborhood kids, activities, etc. 2) I purchased a home with a large community feel, and 3) it is ranked the #1 school in the state of Colorado. The 3rd reason is the most important but I feel that all play a part in creating a good environment for school, etc.
My ex does not like this idea at all… he want to push him to either go to the charter school (which is currently ranked 60 in Colorado Schools) or to the same one
that his step-daughter goes to (ranked number 14), which again, is not the direct elementary school for either one of us. Basically, for him to drive the child to the elementary school in my neighborhood it would be an extra 20 minutes each way. But again, he is the one that chose to move away.
Does he have any grounds for this? Would a lawyer even consider his requests? Are there any circumstances that they would? Do the ranking play in part for a ruling?
Since I feel that this is a ridiculous request made simply out of trying to accommodate his new life and his own choices, is there any way that I could get him to pay my lawyer fees?
Also, how do the courts see custody when the child is going to a school much close to one parent than the other? Would they ever want to modify to Monday through Thursday for one parent and then the weekends for the other? Or in this case, status quo would work as long as the ex was willing to drive him to school?
Thanks in advance for any input you can offer and I am sorry this is confusing.
