Violation of Separation Agreement?


#1

My ex-wife and I have been divorced for nearly 6 months. Our son lives with me M-F and with her S-S. He and I live in the house my ex and I shared. He still goes to the same school (in Wake County) he always has. In our separation agreement (which was not incorporated into the divorce) we agreed that if one of us moved out of Wake County, our minor child (now 13) would stay in his current school district. My ex is considering moving to Franklin County (to live in a home with her boyfriend) and wants our son to live with them M-F and go to school in Franklin County. All things being equal, how likely would a judge be to grant her request?


#2

If she took this matter to court, it would be a new child custody action, and the court would be able to enter an order without the parties showing a substantial change in circumstances. This means that the court would be looking at the case as if it was a new case, and both parties would have to present evidence about what is in the best interests of the child. If everything between the parties is equal, I think you would have a good argument to keep the child in his current school district, with the same peers he knows. Depending on how old your son is, the court may also take his opinion into consideration. You should read our article on when a child gets to decide where he lives or if he visits for more information.