School Change B to A school

505/50 Custody and in the agreement it states that they will attend the school in her school district. I had to give up schools in order to get 50/50 custody because the judge we had never awarded 50/50 and did not believe in it. I am now moved and bought a house in a better school district. Will a judge (different judge) allow a change of schools if my school is an A school and hers is a B/C range school?

Assuming you have a permanent custody order (as opposed to a temporary custody order), then the custody order can only be modified upon a substantial change in circumstances affecting the wellbeing of the minor child.

Relocating to a different and better school district, without more, is not enough to show a substantial change in circumstances. To show a substantial change in circumstances, you will need more facts and information to show that the wellbeing of the minor child has been affected and that the new/better school district can help.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.