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So BM is Moving

Ursula's picture

Submitted by Ursula on Tue, 05/31/2022 - 2:14pm

My husband found out through SD that they are moving and SD is going to be switching elementary schools.  SD is going into 4th grade for next school year.  My husband is not okay with this.  They have 50/50 physical and shared legal custody.  I assume BM cannot just up and change the school without having a discussion about this first?

 

Comments

strugglingSM's picture

Submitted by strugglingSM on Tue, 05/31/2022 - 3:19pm

Check out state laws. I know that my state requires advance notice in writing if one parent is going to move the child to a different school district. The other parent has a right to file an objection with the courts and get a hearing if they are not okay with the move. 

Ursula's picture

Submitted by Ursula on Wed, 06/01/2022 - 9:33am

My husband has a legal shield program through his work so he's waiting on a call back from an attorney to find out what his options are.

lieutenant_dad's picture

Submitted by lieutenant_dad on Tue, 05/31/2022 - 4:09pm

Can she? Sure. Will the courts do anything about it? Ehhhh...

Your DH has two options: be okay with the change and all that entails or contact an attorney today to challenge this. What he needs to weigh is which will cost him more: fighting BM or letting it go.

If SD is going to be in the same district and/or the school is roughly the same distance as the old one, I'd personally let it go. But, if this is going to cause undue hardship on you all, fight back. It might be worthwhile for DH to call the new school and let them know he has shared legal and doesn't consent to SD being enrolled there since he lives in SD's original school district. Might be worth it to talk to SD's current school, too. Not sure if it will do any good, but it's worth a shot and may put the ball back in BM's court to get permission to switch SD's schools versus on your DH to try and stop it.

Ursula's picture

Submitted by Ursula on Wed, 06/01/2022 - 9:36am

So SDs current elementary school is a 3 minute drive away, literally right around the corner.  The new school is a 15 minute drive, so it'a a good bit further.  It would be a half hour round trip.  It's annoying because of course BM will continue to have the bus to take SD To and from school and he will just be expected to make the further drive.  BM isn't going to help with transportation.  If she would, I think it would be a different scenario.  She already told my husband if it's an inconvenience for him then SD can just stay at her house all week.  Of course that's her solution, that's what she has always wanted, to have full custody.