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Can I ask the courts to designate a school district for the kids?

Started by MSRP, Jun 24, 2004, 04:13:53 AM

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MSRP

I have joint custody of my 3 children, who I have 43% of the year.  My wife and I are moving into a new home in less than a month, and want the kids to attend the school in our district.  My ex lives in the same town, but lives in an apartment in section 8 housing and is living off of food stamps, gov't assistance, and child support.  She does not work.  We want the kids to go to our school because we will be in this neighborhood for at least 10 years, probably permanantly, whereas the my ex has no idea where she will be living in 2 years, she even has plans to move to another city when she graduates college.  I do not want the kids uprooted every time she moves, it has happened twice so far, and I feel it is in their best interest to stay in one school.  My ex is opposing sending the kids to the school in my district, even though it is closer to where she presently lives than the school the kids went to last year!  Her decision is based on paranoia.  She says she feels I am trying to "take them away from her."  This is not the case.  I just want what is best for the kids, and what is best for them is that they go to and STAY in one school.  Since we cannot come to an agreement, I have filed a petition to request mediation in hopes of resolving this... if we cannot, I am hoping the courts will designate a school district for the kids that will keep their stability and well being in mind.  
Any ideas of how this may go?  Would the courts designate the kids to go to our school district, since it is stable and they would be there until high school graduation?  Or will they allow my ex to continue to shuffle the kids around to a different school every two years to accomodate her moves?  Any tips on how to build my case on this?

rebecca

Hi.  You probably do not want to hear from me, but I am currently in a dispute over school also.  The mediator recommended that our son remain in his current school unless both parents agree to change it otherwise.  The circumstances are quite different though.  I am just wondering how you would be able to prove that it is more stable in your district if you just moved there.  She may say that she is stable and planning to stay in her current area also.  Maybe you could find out the average test scores for the school in your area and the kids current school.   Your children having to beg for lunch money sounds so sad.  Maybe that would be construed as neglect or something if she was the one to send them to school on those days.  Hopefully you both can resolve this at mediation.  Since my ex did not agree with the mediators recommendation, the next steps are settlement conference and a trial for us.  Ugh.  Good luck to you though.

Peanutsdad

Sure,

You can ASK the court for ANYTHING. Doesnt mean it will happen. BUT, if you DONT ask,, it sure wont happen.

Thus, nothing ventured, nothing gained.  As with anything with family court,, its a tossup.