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. 

Q & A: My son's dad and I broke up. I never want to deal with him again. Can I get him to sign off his rights to our son?

Q : My son's dad and I broke up. We've been living together for 5 years, and our son is 3 years old. I never want to deal with my ex-boyfriend again. Can I get him to sign off his rights? 

A: A lot of people have the interesting idea that it's an easy process to change another person's rights to custody, simply because that parent doesn't want to continue any relationship at all with the other parent.

Your question focuses on Family law, specifically child custody, parenting time, and child support.  One thing to keep in mind is that Family court is a court that sits in equity. Equity doesn't mean everything is split down the middle, but rather that the court make a decision that's fair to both parents.

If there are no court orders in place, and the couple is not married, the court will place primary physical custody with the mother. The unmarried father will have to assert his right to parenting time, but also be willing to take on the support responsibility, even if no support is ordered.

If either parent has applied for or received State Assistance in the state of Michigan, the office of the prosecutor (in the form of that county's Friend of Court offices) will begin a support action regardless (as the Assistance is paid by other tax payers, the support at that time is to re-imburse the state for that Assistance). The good thing about an action started by the FOC is that it also allows for a father to have reasonable parenting time.

A court will not let a parent "sign off" his or her rights without also making a decision in the custody matter. This goes back to the equity idea: it's not fair to take away one parent's rights simply because the other parent is tired of dealing with him or her.

Ask yourself, as a parent, if "signing off" is what is really best for the child. It's understood that these matters are full of emotion, but it's best if the child has a continuing relationship with the other parent, and that the child will get support financially from that parent as well.

Also, without evidence to the contrary, the court will presume that having a relationship with both parents is in the best interest of the child. The court will do what it can to encourage that relationship through its orders.

If you have other questions, please seek a private consultation with an attorney to determine a legal course of action.