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how primary residence/school district is determined

smomof2's picture

Submitted by smomof2 on Thu, 02/14/2013 - 10:04pm

Ever since BM demanded that the ssons go to a private school, wich will cost between $2500 to $3500 a month (more than my mortgage, heck that's more than my monthly take home pay), I've been overly stressed. Based on the response to my last blog, I feel better knowing that judge in his right mind will not for DH (us) to pay for private school if we can't afford it just because BM wants a private school and is incapable of paying for it herself or even a portion of it.

I'm now concern that even though it's 50/50 custody on paper while in reality we have the boys 60+%, if we go to court, the kids might end up enrolling in her city instead of ours, making it a commute nightmare for us.

My question is: As anyone on this side gone through the process of establishing a primary residence for the kids? What are the factors the judge or mediators take into consideration when solving that problem?

Comments

smomof2's picture

Submitted by smomof2 on Thu, 02/14/2013 - 10:57pm

California sucks so even though it's 50/50, DH still has to pay CS, especially since the nutjob is constantly unemployed/refused to look for work/is imcapable of getting along with others let alone work with them.

Lalena75's picture

Submitted by Lalena75 on Thu, 02/14/2013 - 10:49pm

Best start getting this into the courts now to modify custody to what it really is and stipulate schooling before registration which will just make things worse if she enrolls them in one school and their dad in another.

StickAFork's picture

Submitted by StickAFork on Thu, 02/14/2013 - 10:55pm

That's a very real possibility.
In all likelihood, the school district will need to be either yours or BM's. I doubt you'll be able to "pick one in between" because the children will need to be a resident of the district.
I'd file a motion to clarify...although, typically one parent is designated residential in the papers for this reason. Check the decree again.

smomof2's picture

Submitted by smomof2 on Thu, 02/14/2013 - 11:00pm

The paperwork doesn't say who's the residential parent. Altough it says DH gets to claim both kids on his taxes every year (that's because he pays for everything! and I mean everything!)

StickAFork's picture

Submitted by StickAFork on Thu, 02/14/2013 - 11:02pm

You're in CA, huh?
Mom will be deemed residential parent for the sake of school. I'd hang my hat on it.

AND... I know you can't use an "in between" school. CA is a bitch about districts and boundaries.