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Author Topic: Enrolling in school with add wording?  (Read 1194 times)

mango

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Enrolling in school with add wording?
« on: Aug 04, 2004, 08:01:22 AM »
Soc,

Mother father never married.

Ohio court. Agreed entry.

50/50 shared parenting plan that designates the Mother as residential parent for school placement only.

Mother had moved over 13 times (country, and statewide moves, France, OH, CN, NY, MO) During which the father had child in Ohio during mothers moving around. No support order. Visits from mother, and 2 years that she lived in Ohio and they shared custody, fathers school district.

Father was stable, in Ohio and the residential parent for 3 years (Ohio, K-2), mother one year in (Missouri, for 3rd grade). Long story. Father allowed "a temporary move" out of state for only one year. (bad move) Had to fight to have her brought back into Ohio.

Resulted in Mother returning from MO however she refused to live in same town as father so child could attend her same school as before, she got an apartment 30 mins away. So father fought for his district, Mother argued for hers, based on that she was unemployed, and had not kids. She claimed since the father worked full-time and had two additional small children that he was "too busy" to deal with school.  She claimed to have more time to devote to their daughter with school work.

Father argued that she was unstable and he should be designated school district because he was more stable, had a perminent address and a family support system. Furthermore, he didn't want to risk having his daughter uprooted from school once more, given teh mothers history.

Oddly, the courts "suggested" they work out an order with the mothers district with a shared 50/50 plan, since she had more time to devote then the father.

So father agreed to allow mothers district, with a written clause in the order granting him the school district if she moves once more.

(Also, fearing that if Mother had residential she could potentially move her out of state thereafter, as she had tried to do in previous years. This clause 'supposedly' prevents that to some degree).

So now the agreement/order states:

SCHOOL PLACEMENT:
The parties intend that child shall attend school in the Central Ohio area. To that end, Mother is designated as residential parent for placement purpose for so long as, and only for so long as, she resides in the Upper Arlington School District.

If Mother should move from the Upper Arlington School District, to anywhere for any reason, the Parties agree that Father shall be immediately designated as residential parent for school placement purposes, without need for a hearing before the Court.

This has been in effect for 2 years now. With no moves so far.

My Q:
1.) If mother moves, how does father enroll his daughter in his school district with that wording? Does he need some type of proof that she indeed moved? Our simply a letter from an attorney?

2.) Also, the parenting time is geared towards the mother with more "school-time" and father more "leisure-time". So it would not be conducive to the fathers district, if he were to have her in his school. So would it still need to be heard before a court? To re-work the schedule?

3.) Would the Parenting time simply switch?


socrateaser

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RE: Enrolling in school with add wording?
« Reply #1 on: Aug 04, 2004, 08:56:47 AM »
>1.) If mother moves, how does father enroll his daughter in
>his school district with that wording? Does he need some type
>of proof that she indeed moved? Our simply a letter from an
>attorney?

The child must be enrolled in "some" school district. If mother enrolls child somewhere else, then you demand proof of enrollment from that school, and then use that proof as evidence of your right to reenroll the child in your school district.

However, the sheriff won't pick up the child as truant if she's actually enrolled in school somewhere else, so you have no enforcement mechanism.

The wording of your order may permit you to make various changes in the order, however, it does not, with sufficient clarity, grant you the right to exercise day-to-day custody over the child during the school year, therefore your only recourse is a court order for contempt to enforce the agreed-upon school district.

>
>2.) Also, the parenting time is geared towards the mother with
>more "school-time" and father more "leisure-time". So it would
>not be conducive to the fathers district, if he were to have
>her in his school. So would it still need to be heard before a
>court? To re-work the schedule?

See #1.

>
>3.) Would the Parenting time simply switch?
>

See #1.

mango

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RE: Enrolling in school with add wording?
« Reply #2 on: Aug 04, 2004, 01:17:01 PM »
ok.

Hopefully it will not be an issue too soon in the future, but given her tract record I'd though I'd ask.

Thank you!


 

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