NJ moves Son to a different school...options?

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NJ moves S5 to a new school 45 mins away...options?

Postby jtwob » Wed Jun 27, 2012 2:29 pm

NJ is primary custodian but we have Shared Joint Legal Custody. We live in GA. 2 yrs ago, May 2010, she files for divorce and moves back home 2 hours away. I follow and move a mile away from S5's daycare and her residence. In Aug 2011, she moves to a neighboring county and takes a job as a Pre-K teacher and my son attends Pre-k there. So, I now have to drive 20 miles/30mins one way every morning-afternoon I drop off or pick some up from school (6 days/mo). Now, she has taken a job as a Kindergarten teacher at a different neighboring county and my drive time will increase now to 35 miles and 45 mins one way. She will stay in her current county of residence (1 mile from my house) and make the drive every day. She thinks I should be willing to do the same.

What are my options here? Can I ask the courts to keep son in school district where he lives? Can I file for a modification of < parenting time > b/c I'm having to go thru added expenses and time to pick him up and drop him off from school every time? Modification of custody?
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Re: NJ moves Son to a different school...options?

Postby lohe » Wed Jun 27, 2012 3:14 pm

How do testing scores measure up at either school?

If the school where you both live is even close to as good as the one where she's going to work, I would file papers demanding that he be moved to the school that is closes to yours.

What does your decree say about what happens if you do not agree on schooling? Probably something about mediation? You might have to go through mediation before you can go to court, I would get rolling on that before school actually starts.
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Re: NJ moves S5 to a new school 45 mins away...options?

Postby Fatheroffour » Wed Jun 27, 2012 3:37 pm

At 6 days a month I don't think youl get much traction in the courts.

Maybe coming up with some arrangement with her that gets you more time and avoids court?
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Re: NJ moves Son to a different school...options?

Postby jtwob » Wed Jun 27, 2012 7:33 pm

FOF, she is an NJ for a reason...b/c she is impossible to reason with on every front. And I made a mistake, I drop him off and pick him 8 days out of a 20 days school month. That's 40% of the time. It's just crazy she can move him from one school to the next without my consultation and I get have to worry about 80 mins round trip taking him to school when there is a perfectly good school 1000ft from his mother's home and 1 mile from mine. That's gotta count for something?
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Re: NJ moves Son to a different school...options?

Postby lohe » Wed Jun 27, 2012 7:49 pm

Call the school district she is working for and inform them that you have joint legal custody and that you do not agree that your son will be enrolled in that school. You may have to send them a copy of the decree but I highly doubt if they can go against your stated opinion.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Wed Jun 27, 2012 7:51 pm

Start by making official objections in writing. Make it clear you are building a case against her. Then build the case and maybe she'll fold.

If he does, great. If she doesn't you should have a solid case of notifying her of her objection and offering reasonable alternatives that provide continuity for the kid and the least amount of aggravation for the both of you. Not that the law necessarily supports you being able to even bring a case.

Then take it to a judge and hope for the best if you can even get it heard,

What does your decree say on the subject?

For instance, mine says we share joint legal and I have final decision making authority regarding the kids education. That means I can put them in whichever school I want. Your parenting plan should say something about it or should outline how disputes are handled.

Georgia Code 19-9-1 Section 2 paragraph E says ,

Unless otherwise ordered by the judge, or agreed upon by the parties, a parenting plan
shall include, but not be limited to:

An allocation of decision-making authority to one or both of the parents with regard
to the child's education, health, extracurricular activities, and religious upbringing, and if the
parents agree the matters should be jointly decided, how to resolve a situation in which the
parents disagree on resolution; and




Also, if your decree doesn't contain the statutory requirements of allocating the decision making authority you should expect it to after you take a case to court for enforcement.
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Re: NJ moves Son to a different school...options?

Postby TejasDad » Thu Jun 28, 2012 11:59 am

Is the school she wants your son to attend in a different district or is it a private school? In Texas you attend schools in your district and based on where you live. Unless this is a private school, I don't see how he could be registered at the school in the first place.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 12:05 pm

Pretty common around here for a teacher's kids to attend the school the teacher teaches at. Even if they don't live in the same county.
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Re: NJ moves Son to a different school...options?

Postby TejasDad » Thu Jun 28, 2012 12:29 pm

I have seen that courtesy when it is within the same school district. If it was allowed inter district, I would personally have a problem as a tax payer having to be responsible for the education of an out of district student as a professional courtesy.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 12:31 pm

As a taxpayer, that's like being concerned at a penny rolling away on the floor while hundred dollar bills fly away by the buckets full over your head.
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