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?