Trying to keep kids in school district

[Crockpot]

Has any one had success/experience with keeping kids in a specific school district by CO?

BM informed DH today that she is moving about 35 miles away when her lease is up (June, 08).  She moved in March 2007.  The girls had to changed schools mid-year.  She then moved again in May, and again in June.  The May and June moves kept them in the same district as the original move in March.  

DH is very concerned for his kids education.  BM did not finish HS (got GED when married to DH).  Both kids are doing very poorly in school (3rd grade and K).  They are currently in one of (if not the) best school districts in the state.  Oldest is at the bottom of her class in all subjects and Youngest has behavioral and learning delays.  Youngest also started wetting her pants soon after the first move in March.  It just recently seemed to stop.  We think it was because of the instability she experienced.  The move will all but eliminate DH's mid week visits.  BM won't get them to the meeting point for various reasons and by the time DH would drive to their new place, his time would be over.  In good weather and traffic it takes him an hour to get to the area.  His mid-week time is only from 5-7pm.

DH contacted his attorney and attorney said to type an email to him with details and he'd review.  But he did not seem optimistic.   DH and BM share legal, BM has physical.    

[mistoffolees]

What does the divorce decree/parenting plan say?

Unless it gives you specific rights to control the choice of school or prevent a move, you're probably out of luck.

[Crockpot]

The divorce doens't specify either way.  We were hoping to add it to the divorce so BM can't keep moving the girls on her whim.  Plus, if she moves them that far DH can't attend events at the school durning the day as he does now (class parties, plays etc).  The girls are (in our opinion) in crisis with school.  They both are so behind and moving them yet again will only compound it.  

[Crockpot]

Do you think letters from the school would help?  DH is in close contact with girls teachers.  And they seem to agree with DH that BM is a bit lacking in the parental area.

[mistoffolees]

I would check with an attorney.

In principle, the rule is that the court should do whatever is in the best interest of the child. In practice, they tend not to want to make significant changes unless you can show substantial harm. Could 3 moves in a few months and neglecting their schooling constitute harm sufficient to make a change in custody (they're not going to prevent her from moving. The most they can do is say "if you move, the child has to stay in the same school and/or go to the other parent)? Only someone familiar with local practice can tell you.