Preventing other parent from changing school enrollment


#1

My ex and I live in different parts of Wake County. I am remarried with two other kids in year around school. My daughter whom I share joint custody with my ex just completed elementary school and will be starting middle school for the next school year. A custody order was put in place a couple of years ago that stated the child would remain in her current elementary school for the duration. This school assignment is based on her mom’s address via a previous verbal agreement where we agreed she would attend kindergarten.

I would like my daughter to attend school based on my home address and be on the same track as her step-siblings. The custody order does not address post-elementary or other educational matters except noting that “the parties agree to work together to come to mutually agreeable decisions concerning the child’s health and education”. My ex has not been agreeable when I brought up wanting to do this, and not even considering a school that is geographically between us. I’ve been driving across Wake County for the last 6 years without complaint while my ex has had a 1 mile drive. I would like this reversed at least for the next 3 years.

The way it appears to me is that I have the legal right to register my daughter in my school and I am not in any order violation. It would also seem to me that her mother could simply reregister in her school and we could continue to go back and forth. My question specifically is, especially with the court calendar dates being backed up as they are, is there any type of motion that could be filed where once I change her school would prevent the school being changed again until a hearing was held?


#2

*not an attorney
You may want to clarify if you have joint legal or joint physical. If joint legal and she has primary physical you are suppose to work together on those decisions (because you have joint legal) but realistically the kid is going to go school district where her primary residence is unless you can convince a judge that your school is scientifically better and your kid is not doing well in current school.


#3

Thanks for your response.
We have joint legal and joint physical. There is nothing in the order that stipulates a primary residence. In fact there is the statement in the order “that she remain in the joint and shared legal and physical custody of both parties hereto…”


#4

Orders usually state the parents shall confer on matters such as school enrollment. If you enroll her without consent of your ex keep in mind he could enroll her somewhere else without your consent.


#5

Thank you Ryan,
Is there anything that could be filed to quickly have a temporary ruling or injunction preventing the school assignment to be changed by either party until the case can be heard? My understanding with Wake County is that the court date would be well after school starts.