Changing schools again

[IceMountain]

My ex informed me last week that she will be moving again and my son will again be changing schools.  My son is 7 and this will be his 4th school change.

1.  He started Head Start at school A
2.  Continued at school A until October of Kindergarten
She was then found to have lied on enrollment papers about her address and was told to either move in the district or my son would have to leave the school.
3.  My son started attending Kindergarten in the school district he lived in, school B
4.  In August of last year, my ex moved to school A's district and my son attended 1st grade in school A.
5.  When my ex moves she will again be living in the district of school B.

Is there anything I can do to prevent all of these school changes?  I spoke to my lawyer last year because I felt she was only changing schools to try to prevent my summer visitation (school A is a year-round school).  My lawyer told me that since she was the custodial parent I couldn't do anything about the school switching.  Is that correct?

My son lives in Iowa, I'm in Wisconsin.

[socrateaser]

>My ex informed me last week that she will be moving again and
>my son will again be changing schools.  My son is 7 and this
>will be his 4th school change.
>
>1.  He started Head Start at school A
>2.  Continued at school A until October of Kindergarten
>She was then found to have lied on enrollment papers about her
>address and was told to either move in the district or my son
>would have to leave the school.
>3.  My son started attending Kindergarten in the school
>district he lived in, school B
>4.  In August of last year, my ex moved to school A's district
>and my son attended 1st grade in school A.
>5.  When my ex moves she will again be living in the district
>of school B.
>
>Is there anything I can do to prevent all of these school
>changes?  I spoke to my lawyer last year because I felt she
>was only changing schools to try to prevent my summer
>visitation (school A is a year-round school).  My lawyer told
>me that since she was the custodial parent I couldn't do
>anything about the school switching.  Is that correct?

It appears that the CP originally wanted the child in school A, and she was prepared to lie in order to achieve that end. Now, the CP is attempting to relocate to where she wishes to live. I suspect that she may attempt to maintain the child in school district A, once again.

My reason for the above analysis, is to suggest tha the CP may actually be attempting to act in the child's interests, even though this may not be in the CP's best interests.

Or, it could all just mean that the CP is capricious regarding where she wants to live and where she wants the child to attend school.

So, it really depends on how you argue the facts, as to whether the CP is affirmatively acting for or against the child's interests. Your best argument would be, that regardless of the CP's intend, the child is being continuously relocated from one school to the other and that this is not in the child's best interests.

The law states that custody may not be changed except upon clear and convincing evidence of a change in circumstances affecting the child's best interests. It is certainly arguable that this constant relocation is evidence of the CP's affirmative failure to advance the child's best interests, therefore you have an argument to change custody.

Is such an argument sufficient? This depends on the judge and his/her personal biases re when "enough is enough." Only an attorney who knows the particular judge who will hear your case can give you an idea of what would motivate the judge to hold a new custody hearing.

If you want to put a little money out their and gamble, then ask your attorney to move for a new custody hearing on grounds that the CP's constant relocation represents clear and convincing affirmative actions not in the child's best interests, and therefore that the court should schedule a new hearing, or in the alternative, clarify the existing orders to restrict the CP from continuing to relocate the child, until the child has finished grade school.

The judge cannot stop the CP from relocating -- but, the judge can stop the CP from relocating the child.

I don't think it's a very strong case, but you might be able to get the CP to negotiate a settlement on the issue, and put a little fear of losing custody into her.

Take my thoughts to your lawyer and discuss, and let us know what she thinks.

[IceMountain]

Thanks Soc,

'It appears that the CP originally wanted the child in school A, and she was prepared to lie in order to achieve that end. Now, the CP is attempting to relocate to where she wishes to live. I suspect that she may attempt to maintain the child in school district A, once again.'

When I told my ex I didn't think moving my son back to the old school again was a good idea, her reply was  "well it doesn't matter what you think, I'm going to do it anyway".   She said she is moving back to the other district because he doesn't have any friends.  I feel there is a life lesson in that and that she is teaching my son that he can run every time things get tough.  

But I also think she has other reasons for moving, which I won't share because they are just suspicions.  

Thank you for the great advice.

[Troubledmom]

I do not know what Iowa has in the way of Intra-District-Transfer laws, but I know that my Ex and I during our divorce realized that the children would no longer be able to attend the school they had been attending.

Through the court we got an order that states that XXXX School is where the children are required to attend. With that order we have kept the children at the same school for their entire Elementary School educations through an Intra-District-Transfer.

TM