switching schools

[saleen556]

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

I have twins that i share a 50/50 visitation schedule. We alternate weeks and live about 7 miles apart in different towns. The kids are in 3rd grade and i am considering asking to change schools in 5th grade. I believe it would be good preparation for the Jr high in our town (7th &8th) in which they would enjoy more variety of classes to choose from as well as the High School. Their older sister currently goes to the school.

My coparent disagrees with the idea so it would need to go before a judge.

What do i need to do to prove this is in the best interest of the kids? The visitation schedule wouldn't be affected at all. In our divorce decree i agreed to have them go to their current school for 2 years. I have sole custody but don't understand how much that matters.What is the name of your state (only U.S. law)?

 

[LdiJ]

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

I have twins that i share a 50/50 visitation schedule. We alternate weeks and live about 7 miles apart in different towns. The kids are in 3rd grade and i am considering asking to change schools in 5th grade. I believe it would be good preparation for the Jr high in our town (7th &8th) in which they would enjoy more variety of classes to choose from as well as the High School. Their older sister currently goes to the school.

My coparent disagrees with the idea so it would need to go before a judge.

What do i need to do to prove this is in the best interest of the kids? The visitation schedule wouldn't be affected at all. In our divorce decree i agreed to have them go to their current school for 2 years. I have sole custody but don't understand how much that matters.What is the name of your state (only U.S. law)?

You have sole custody but a 50/50 timeshare? That makes absolutely no sense at all.

The burden of proof would be on you to prove that it is in the children's best interest to change their school. If they are doing well, its unlikely to go in your favor.

 

[saleen556]

Yes 50/50 parenting time. I had no desire to limit time with the kids and they wouldn't agree on joint custody.

I understand that I need to prove it would be better to switch. As I have said the Jr High has more choices of classes along with the High School. Another thing is the middle school has a later start time 9:15 vs 8:30. Also since they are living with me 50% they would be able to meet more friends that live in our area. Are school statistics beneficial? I'm just asking what constitutes best interest?

The coparent had no problem signing off on switching our oldest to my school district last year.

 

[Proserpina]

Yes 50/50 parenting time. I had no desire to limit time with the kids and they wouldn't agree on joint custody.

I understand that I need to prove it would be better to switch. As I have said the Jr High has more choices of classes along with the High School. Another thing is the middle school has a later start time 9:15 vs 8:30. Also since they are living with me 50% they would be able to meet more friends that live in our area. Are school statistics beneficial? I'm just asking what constitutes best interest?

The coparent had no problem signing off on switching our oldest to my school district last year.

I think the point was to try and ascertain if you have sole LEGAL (decision-making) custody....

 

[saleen556]

Yes. The decree states that I have sole custody and the right to make decisions about school,medical,religion and I believe a couple other things when we can't agree.

 

[Proserpina]

Yes. The decree states that I have sole custody and the right to make decisions about school,medical,religion and I believe a couple other things when we can't agree.

I (for one) am not going through your post hx right now.

Please type out word for word (minus names) what your court orders actually say.

 

[mistoffolees]

Yes 50/50 parenting time. I had no desire to limit time with the kids and they wouldn't agree on joint custody.

I understand that I need to prove it would be better to switch. As I have said the Jr High has more choices of classes along with the High School. Another thing is the middle school has a later start time 9:15 vs 8:30. Also since they are living with me 50% they would be able to meet more friends that live in our area. Are school statistics beneficial? I'm just asking what constitutes best interest?

The coparent had no problem signing off on switching our oldest to my school district last year.

Making more friends and sleeping in is not likely to be justification. Nor is the Jr High or HS class schedule relevant since you're talking about a 5th grader.

'Best interests' is a nebulous term. A general discussion is here, but pay attention to the footnotes since not everything applies in OR.
Determining the Best Interests of the Child: Summary of State Laws

Ultimately, you're asking for a change. Judges don't like to make a change unless there's a good reason. Unless you can prove that a change would be advantageous to the child, the judge is not likely to approve it. Every item you've listed has a counter:
- more class variety at your school? Mom's school is smaller and more personal attention
- later start time? Mom's school gets out earlier, leaving more time for other activities and friends
- test scores? How does that prove that YOUR CHILD would do better? Socioeconomic factors can change test scores. A school averaging 1500 SAT scores (out of 2400) in the slums might well be a better school than one averaging 1600 in an upper middle class area.

While there is no clear definition, I would be thinking in these terms. Project yourself 5 years into the future. How will a change today make the child's life better in such a way that it will be noticeable in 5 years? And that means stuff you can prove, not your opinion.

Actually proving that is probably going to require one or more experts who evaluate the child and the school districts and can provide an expert opinion that school A is better suited for the child than School B. Even then, it's not a slam dunk.

 

[TheGeekess]

I (for one) am not going through your post hx right now.

Please type out word for word (minus names) what your court orders actually say.

https://forum.freeadvice.com/child-custody-visitation-37/contempt-question-551320.html

https://forum.freeadvice.com/child-custody-visitation-37/visitation-modification-545861.html

https://forum.freeadvice.com/divorce-separation-annulment-36/rule-68-a-539214.html

 

[saleen556]

I will post the wording of the decree when I get a chance later.

What do my posts about our oldest have to do with my question?

 

[stealth2]

So, is it safe to assume that the twins currently attend school in Mom's district? Has that been the status quo since they started school?

 

[AkersTile]

What do my posts about our oldest have to do with my question?

It's not neccessaraly (sp?) that those posts have anything to do with this question, however it is easier for people to help you when they can see the background and not have to have you repeat everything for every new question, KWIM?

 

[saleen556]

It's not neccessaraly (sp?) that those posts have anything to do with this question, however it is easier for people to help you when they can see the background and not have to have you repeat everything for every new question, KWIM?

I see. Didn't think of that or I would have added this to another thread.

 

[saleen556]

So, is it safe to assume that the twins currently attend school in Mom's district? Has that been the status quo since they started school?

Yes that's the case.

 

[stealth2]

Yes that's the case.

And... how are they doing?

 

[nextwife]

Another thing is the middle school has a later start time 9:15 vs 8:30.

Wow! 8:30 seems like a LATE start time, much less 9:15. How do they have time for after school activities with such a late start? When do they FIINISH after school "away games" if they are on sports teams? Yikes, as a parent, I'd hate having such a late start time.. . .