BM wants kids to go to school in her district now...
Well, we knew it would happen sooner or later. Last night BM started texting about having the kids go to her school district now instead of ours. We live in different states, each on the border - so it's only like a 20min between the houses. Anyways, the kids stayed at their current school after the divorce, which is our district. I know SO doesn't want this for a few reasons, but the biggest being the shift in power if he allows this to happen.
Has anyone had to deal with this before? I hope it doesn't turn into a court battle and we can keep the kids in our district. I work for a law firm - so she can bring it if she wants to - but it's just going to be very expensive, etc.
Right now custody is EOW during the school year. I'd even be okay with having the kids M-F every week, and one weekend a month - with her getting the other 3 weekends and then the entire summer (us having them only EOWE). I wouldn't love it, but having the weekends free would make it doable I think. Then she could pay US!!! HA! Now I really am dreaming, aren't I?
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So, the skids have been in
So, the skids have been in your district the entire time they have been in school?
When BM has them, she drives them to and from school??
It's probably going to end up in court, but it probably won't be a battle. If the skids have been in the district the entire time they have been in school, a judge will likely keep things status quo.
How old are the skids??
SD10 and SS8 (almost 9). Yes,
SD10 and SS8 (almost 9). Yes, she drives them to and from school on her weeks.
Yes, they have been in our district during their entire school careers. I would be 100% okay if she would do all the transporting - but I know damn well that would never happen!!
sounds like your DH didn't
sounds like your DH didn't have joint legal custody? If he did, then he absolutely could have blocked the change in schools.
Poor kid
It sounds like they have
It sounds like they have joint physical but she has sole legal custody. If she has the final say, that totally sucks. But, there is an anything your husband can do about it unless he wants to go to court to petition for a change and legal custody.
I hate this for you
If she's been in that school
If she's been in that school for a period of time, a judge very well might care.
It might be worth pursuing. Think about it.
Most judges are low to uproot a child who's been in a particular school for a while-especially when there's really no good reason to do it
Courts do what is in "the
Courts do what is in "the best interest of the child". Moving a child to a different school district to make things easier for a parent is not in the child's best interest. About the only way this would happen is if the kid was in kindergarten and has no real history at either particular school. But these kids have developed friends in this school district and have an established history at this school. If it goes to court, BM has to show or prove WHY the change is in the child's best interest. She cannot simply state, "because I want to" or "because it is closer to my home" or some other nonsense. Is her school district a better district? Is her school district higher rated? She has to show in some way that the kids will benefit from this move.
At least that is how it works in my state (Georgia). My SO has sole custody of his 3 kids. He was awarded custody even though BM had been a stay-at-home mom for the first 14 years of their marriage....she had only been working 3 years when they divorced.
Even as "backwards" as everyone seems to think GA is, the family courts regularly award custody to the fathers. The judges don't just "rubber stamp" custody to the BM's. Those days are long gone here. I feel badly for others on this site that have to fight tooth and nail to prove that fathers are just as good at parenting as mothers.
Yea - I find it hard to
Yea - I find it hard to believe that anyone would just let her do this, so I suppose as long as SO says no - we should be good. I'll ask my boss about it sometime soon as well, just to see what a lawyer thinks about it!
I personally don't want to do a damn thing to make life easier for BM - she isn't terrible, but she still causes plenty of headaches.
Looked up their Parenting
Looked up their Parenting Plan yesterday... it states that kids will stay in ____ district unless BOTH parties agree to change it. Well he doesn't agree, so unless she wants to go to court... her response to him saying he didn't want the change was "if they don't get into _____ school, they will be going over here" :? Uhhh.. no they won't. We'll be pointing out the page/section of the parenting plan to her tonight.
This is going to get ugly. I hate having to deal w/shit like this. If I don't marry this man, NEVER AGAIN will I date someone with an ex wife and kids! >_<