Question about custody order....

[worriedmom]

I am not asking for any legal advice or what I should do, but I dont understand something in my custody order. If anyone can put it in lamens terms (because I cant read court jibberish very well) I would really appreciate it.

1. Attendance at school

The child shall attend public school in the public school district where the petitioner (me) resides. Future decisions regarding the schools attended shall be shared equally.

? Does that mean I have to get his permission to change his school if I were to move out of that school district?


If anybody knows what exactly this means could you please let me know. Thanks

[Sherry1]

or a court order to move districts.

[worriedmom]

Would that b affected if i already had a job, enrolled in college and put down a housepayment already? or would i still have to get permission and/or court order?

[MixedBag]

I think this means that the child will attend a public school no matter where you live.  HOWEVER, if you think the child should attend a private school of any type, then you both get to decide.  (Like say there is an absolutely FANTASTIC private school that kids attend for college prep classes, or if your child is gifted in music and you want to send them to a "music" school, or your chid is rebellious and a school that is "corrective" in nature would be appropriate -- get the idea?)

You mentioned below that you're planning on moving and that is actually a whole different subject.  

Hopefully it's not far away from the NCP so that as a whole, nothing really changes.  Make sure you comply with your state's laws on the moving issue.  For example, in our state, the CP can move 70 miles away WITHOUT notification to the NCP.  Other states have a limit that is closer, or farther away, or maybe even a totally different criteria defined.

[worriedmom]

Thankyou I am going to look that up because we are planning to move about 60-70 miles away from where he lives. And I am going to talk to a lawyer about it Monday, oh yea and i recieved my book today "Joint custody with a jerk but the beginning of the book says my exs type of behavior needs professional help and that the book wont help. I was going to read it anyway, wont hurt anything. Thanks again I am goin to recieve my other book in about 2 business days.

[worriedmom]

well, good news is that I talked to a lawyer and he said that there is no mileage boundaries. The only thing I have to do is give him 60 days notice that i am moving.

[CustodyIQ]

Hi,

I wouldn't be concerned about where the child attends school.  Clearly, the child will attend whatever public school serves your neighborhood.  It's right there in the order.  However, if you want the child to attend any school different from the public one serving your neighborhood, that's when parents need to come to agreement.

I would be concerned how the 60-70 mile move will have an impact on the parenting plan, particularly if you and the father currently live near each other.

The father would have a valid case to ask the court to modify the parenting plan, given that transportation time is now a significant burden for very frequent back-and-forth.

It just depends upon your current schedule.  If the child sees the dad only on weekends, with one roundtrip each week, it's not a big deal.  But if there are currently several exchanges per week, it's possible that the court will modify your parenting plan upon either parent's request.

You may be happy with the changes, or might not.

But talk with your attorney about options and possible outcomes.

[worriedmom]

Thank you for the response. His father only takes him every other weekend (He picks him up and drops him off) But it says if I move out of the area then he picks him up from my house and I have to go get him from his. I do plan on talking with a lawyer before we move.

[CustodyIQ]

If you already have court orders that indicate what will happen if you move out of the area, then I think you have nothing to worry about.

So, I'm not sure why you even have an attorney involved at this point.

Your court orders clearly say that the child will attend the public school for your address, and they clearly say what will happen if you move (i.e., you'll be responsible for half of the transportation).

There is no confusion and nothing to debate here.  So, just do it (i.e., providing notice of the move to father, of course), and if the father takes you to court over it, he'll really have no case.

[worriedmom]

I made this post because I didnt understand what that part of the court order meant exactly. I didnt know if i had to get his permission to move him out of the school district he is in or if that just meant that if i wanted to send him to a private school. I didnt get a lawyer involved, I just asked him what it meant and if there was any mileage boundaries in this state and he said that I can move him with no mileage boundaries as long as i gave his father notice