Joint legal custody. Can ex protest a change of school?


#1

I have primary custody and joint LEGAL custody of my daughter. I am getting ready to move (because I can’t afford the family home anymore - he pays no support) which will put my daughter in a new school district. My ex is strongly protesting this. He says he has to AGREE to me moving and her going to a new school. He only gets her every other weekend, and like I said, he has paid ZERO child support.

Can he take me to court if I move her to a new school? If so, what is his chances of winning? This will not be disrupting her school year cause I plan to switch her BEFORE the new school year begins.

Also my ex has (graciously) offered to take my daugther to and from school every day if I allow her to stay in the same school. I’m afraid if I allow him to do this every day that he could modify custody since he would be providing all the school transportation. Is this a possibilty?

Thanks!


#2

In order to change custody your ex will have to show that there has been a substantial change in circumstances affecting your child. His providing transportation to school would likely not be considered a substantial change, however your move may be depending on the specific circumstances (distance of the move ect.)


#3

I would be moving to a school that is in the same county and actually CLOSER to where he lives. He is objecting mainly because the race of the school is mostly black, where her previous school is majorly white. Is this not prejudiced? Would the court rule on “objecting” a school change because of the race of the school? And if he can provide transportation to her PREVIOUS school (even though it would be OUTSIDE of our school district and is against school policy), could the court rule that she be allowed to remain in the same school that she’s attended for 3 years?

And if he agrees to provide transportation TO and FROM school, should I get something in writing stating that he is willingly providing this transportation and can not be used to modify custody? Would this hold up in court…if he is “sneakingly” offering this transportation in hopes to gain custody down the road?

Thanks!


#4

I cannot predict what any one judge will do, but in my opinion, if the school is not “worse” for academic reasons your move would not constitute a change.
As far as leaving your child in the present school the school board will take issue with that due to your child’s not residing in the district.