Child Custody and School Choice


Dear spillan:

Greetings. It is highly unlikely that a court will allow you to move from the school district. If you want to try, you should send her letters and information on the school. Then, you may want to file an action with the court. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I have been divorced for 2 years and recently moved. My new home is less than 20 miles from the old, however the school is better. I have joint legal custody and 147 overnights. How can I mave the kids enrolled in the new school. She has primary custody. My 9 year old has been having a tough time in school and needs more attention. I have tutors, but think the new school will help.
What can I do? Does joint legal custody give me a say in where they go to school. They are in the same school as prior to marriage. Second child is 4 in daycare.

James Spillane