Monday, July 2, 2018

Summer parenting time, and requesting to change schools - Q: I may need legal help, my ex wife won't follow the court order

Q: My ex keeps changing the summer schedule on me, and now she is asking to change next year, for the school district our kids are enrolled in, what should I do? 

A:You really have two questions here, first on the summer parenting time, and the second is change of schools. 
First:
 If you have a court order that summarizes when and where parenting time should take place in the summer months, both of you have to follow it.

However, if you and she have had a verbal agreement, where each of you agrees to what to do with the kids in the summer, it might be hard to say "she's violating the order," since there is no specific times - in writing - that you can show she hasn't done.

Sad to  say, it would have been better to get everything settled in advance of when summer time came, but I understand that sometimes this is hard to do, since camps have waiting lists, day care has staff changes, etc., during the summer months. The best thing is to keep in communication with her, the camp, the day care, etc., as the summer is being planned -- that way no unpleasant surprises are waiting for anyone.

Second:
Change of schools is a whole different issue. Most parents who share custody of children share legal custody of the children. These are the decisions in a child's life such as: where to attend school, where and when to go to church (if you do attend church), medical care, and other issues where it is important for the parents to agree.

In other words, one parent typically can't unilaterally decide that the children will change schools. 

It could be that your judgment of divorce (or custody) states what school district the children are to attend. But if it  doesn't, you should get separate legal advice on this issue to see if you need a motion to help decide the proper school district.

There is a good bit of case law on this issue - so again - I suggest you have an attorney review your current orders, and facts to help you. 


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