Question:
My ex-wife and I share 50/50 custody and disagree about changing our kids’ school districts.
She wants to pull our kids out of the school district they have been in their whole lives (the one in my neighborhood) and enroll them in a school district closer to her a few miles away.
How does changing school districts with joint custody work? Can my ex-wife place the children in another school district without my consent?
Answer:
Joint custody and school decisions can be very complicated.
When the parties both have legal custody of the children, also known as joint legal custody, both parents must agree on the major decisions for the children, such as school, medical, and religion.
Cordell & Cordell understands the concerns men face during divorce.
Can your child move school districts if it is within the court-ordered limits? Every parenting plan has different language in it that is tailored to your situation and your child.
If the parenting plan indicates that a child can go to school within a certain mile radius or in several different school district options, then your ex-wife can consider a change of school for your child, but again, it most likely has to be agreed upon.
If the parties do not agree to the change, then usually the status quo remains until the party requests a hearing with the judge in order to reach a decision.
If the school district change is granted, who is responsible for the additional driving? If the driving is done during your parenting time then you are responsible. Prior to agreeing to any school change, it is best to examine your different options.
Look into if this works for your schedule, if your child can take a bus, etc. If any of these are real concerns of yours then you need to compromise with your ex.
One option is to agree to the school change if she agrees to pay for a portion of the before- or after-school care costs and gas expenses you will incur.
