Can I Prevent My Ex From Moving Our Children Out Of Their Current School?
|Tuesday, 26 June 2012 00:00|
Now my ex wants to move farther away, but still within the 100-mile court-imposed limitation. I do not want her to move the kids out of their current school district.
I know I cannot stop her from moving within the court's prescribed boundary, but is there a motion I can file to allow them to stay in their current school or something to that affect?
In order to request a change in parenting time a party must show that there has been a change in circumstance that necessitates a change in the current parenting time schedule.
Your move closer to the children may be sufficient to request a review in the prior parenting time schedule based on the best interest of the children. However, if the move was not significantly closer to the children, the court may decide that your move is not a change in circumstance sufficient to warrant a modification.
Additionally, if your request for a 50/50 parenting arrangement amounts to a change in the custodial environment (change in custody) of the children, then the request must be viewed under a "clear and convincing" standard and will not be granted without meeting this threshold.
Also, you have asked about whether you can stop the children's mother from moving from her current home to a new location that is still within the 100-mile limitation set by the court. Generally, if a party is simply moving to a new location within the 100-mile limitation the opposing party cannot ask the court to stop this move.
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Your question does not indicate your current custody arrangement of your children, but if a party has joint legal custody then they have a say in the education decisions for the parties' children. If the children will be changing school districts this could warrant a motion to the court to stop the move as it is not in the best interest of the children.
It is important to look to the reason your ex is moving the children so far away. Many questions are reviewed when considering such a move, and the court would want to know this information when considering your request to keep the children in the current school district.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.