My ex husband and I have 50/50 custody of our son on an every-other-week basis. My son goes to the same school and rides the same bus as my step-daughter and his address according to Wake County is mine. His father carpools him on his way to work. The weeks he is with us he of course rides the bus home to our house. During the weeks he is with his father, he gets sent to after school care. The problem is, he is about to start 7th grade. My husband and step children and I live 2 miles from their school and we are family but his father chooses to put him in daycare instead of letting him come to our house after school. Do we have any legal right to have my son come home to our house after school rather than being forced to go to a daycare at the age of 11.5 where he is the oldest child there? We believe it’s perpetuating his lack of maturity not to mention the fact that it just seems wrong to us to have him in daycare when he can ride the bus home to his family. Thank you.
During his custodial time, he has the right to make choices about where his son goes in the afternoon, unless this is considered a major decision in your agreement or court order. If you feel this strongly, you should consider filing a motion or action to ask the court to review the custody schedule and determine what is in his best interests.
Thank you, Kathleen. What paperwork do we need to file of our agreement is not on file with the court? We just have a notarized agreement that was not formally filed.
You would need to file an action for child custody and have the court determine the custody schedule going forward. Regardless of the fact that your original agreement was not formally filed, you always have the ability to file an action with the court when it comes to issues of child custody.