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What would you do?

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Should I wait on the judge?

Thinking of not letting kids go to father's until there is an answer due to their father making them go to 'new' school they don't want to go to... and I could lose case due to 'fait accompli' - meaning if they start school there, then I lose by the mere fact they started school there and then I don't have an argument. Judge hasn't said one way or another....

"If the judge doesn't come back with a decision before the public school starts in his new town, should I make them go to this new school - (they don't want to go to school there) or should I wait on the judge?"

What is the name of your state? SC

What would you guys do? My ex has moved to a different county and heas enrolled the kids in the school close to him so he doesn't have to get them to school where they have always gone to school - although he works over here and commutes to work every day this way. He wants the kids to go to school where his new wife's kids go to school so they dont' have to be bothered with the trouble of getting kids to different schools.

I asked the courts to look at this case but the judge hasn't gotten back to us on his answer. My ex's school starts this Thursday, whereas the school they have been attending doesn't start until August 25th - 3 weeks later.

If the judge doesn't come back with a decision before the public school starts in his new town, should I make them go to this new school - (they don't want to go to school there) or should I wait on the judge?

I have them enrolled here and he has them enrolled there.
I've told him that I would take them to school and pick them up eavery day if he would just allow them to go to school where they have been going but he says no. What I don't understand is why he is so against them going to school here where they have been going for so long. He works here and can drop them off at my house every day and I can get them to school. His new wife works 10 mins from my house and I can pick them up from her if not from him, but he still refuses. He has the address for school purposes clause in our 50/50 legal and physical custody because he lived in a better school district than me at the time but now he has moved. the kids can still go to this school because it is a private school - so it doesn't matter where you live - you can still go there - but if they were to go to public schools, that is where the clause in our custody agreeement would matter so that they could have gone to the better of the 2 schools.

He is not paying for the private school, my mom and I are. He doesn't pay for the school tuition and he doesn't pay child support.

He is just being difficult. He and his new wife work over here but choose o live in a town 40 mins away - they can live where they want to - but they both work over here - and they can get the kids to school over here too but choose not to.

What should I do?
 
Last edited:


Gracie3787

Senior Member
I don't have any advice to offer you on the school situation, sorry.

I'm posting to let you know that you have been posting responses to threads that are months and months old. It can be very confusing for all of us when people do that. So please, when you read a thread just check the date it was posted, the date of the last response, and do a little searching to see if the original poster is still an ACTIVE member and if your added response will help the OP. Thanks.
Gracie :)
 
I realize that - sorry

Didn't know I was going to offend people!!! Mostly, I just want to let people know I care. Lots of times, people are reading these posts and not answering them - just the ones they want to or where their buddies are - geeze, thought I was being supportive of others... I guess I just get in the way.... so sorry to bother you...
 

Rushia

Senior Member
needscadvice said:
Didn't know I was going to offend people!!! Mostly, I just want to let people know I care. Lots of times, people are reading these posts and not answering them - just the ones they want to or where their buddies are - geeze, thought I was being supportive of others... I guess I just get in the way.... so sorry to bother you...
Hun, Gracie wasn't trying to offend you. It's just that sometimes those posters haven't been here for a long time and it just confuses issues sometimes. Please don't be upset.
 

snostar

Senior Member
First of all, what is the legal and physical custody arrangement?..I am not read through old posts to paste together a picture. If you violate a court order for visitation be prepared to face contempt charges.
 
Hi snostar, Well, we have 50/50 physical and legal custody. Kids stay at one house 3 nights one week and 4 nights the next - our schedule is weird mon, tues is parent #1 - wed, thurs is parent #2, fri, sat, sun nt is parent #1 again then the next week it rotates - mon, tues parent #2, wed, thurs nt parent #1, fri, sat, sun nt parent #2 - so every 2 to 3 days these kids are moving again... We have had our kids in private school since 1999 when my oldest started K5 and he is getting ready to go into the 6th grade. When we split, we agreed for the kids to continue to go there as long as we could get the money together (my mother paid the tuition and he paid for the book fees). I agreed to him having the address for school purposes just in case they ever had to go to public schools because he lived in a better school district than I did at the time. He was supposed to put a trailer beside his parents' house but once the custody case was closed, those plans were never mentioned again. Now, he has decided to move to another county with is new wife and his stepdaughters. His SDs go to public schools there but he and his new wife work over here so one of them can bring to school in the mornings or bring them to me every morning and I can get them to school every day but he says 'no' that he can make that decision on his own and HE has decided that they are not going to their old school. My lawyer and I served papers on him and our court date was last week, but the judge only had 10 minutes of time to hear our case and said he would get back to us on a decision. PROBLEM: Father's 'new' school starts THIS Thursday - 4 days from now!!! Their school they have been going to starts in 3 weeks... so I can lose 'fait accompli' just by them walking in those school doors.!!!! I am thinking of keeping them from their father due to him taking them to school over there but I have NEVER done this to him before!!! I have always made them go when they didn't want to because it was his time for them to be with him and it's their father and I would never imagine keeping them from each other but this is SO important to them - they don't want to switch schools and have cried daily about it!!!
 

snostar

Senior Member
DO NOT violate the order, judges get furious with parents that have a blatant disregard for their orders. You can't stop him from enrolling them in school, but you also do not have to bring them to this new school on your days. Hopefully the judge will make a decision sooner than later. Keep in contact with your attorney regularly.
 
Attorney won't return call

My attorney has been in court every day since I was confronted with my ex saying no matter if there is a decision or not, he's going to make them go to this new school.

Thank you though for helping... anyone got another idea?
 

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