Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Schooling

Discussion in 'Other Family Law Matters' started by jaymaj, Aug 26, 2008.

Thread Status:
Not open for further replies.
  1. jaymaj

    jaymaj Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Hi - My ex and I were never married and have a 14 year old son. He wants to come to the school where I live beginning this year instead of where his mother resides. We only live a few mins apart so this isn't an issue and mom has agreed.
    I don't think it should be a problem because I'm already paying school taxes for other children attending the school, but all the paperwork I see says "where the custodial parent resides"

    The custody paperwork says that she has custody and I have visitation, so I wanted to know if this would be easier if we kept the exact same agreement, but chnaged the verbiage to "shared custody" or if you could recommend other options. I'd really appreciate any input as the school year start in a little over a week.

    Thanks.
     
  2. seniorjudge

    seniorjudge Super Moderator

    Messages:
    4,309
    Likes Received:
    79
    Trophy Points:
    0

    What did the school folks say when you showed them the judgment in your lawsuit?
     
  3. jaymaj

    jaymaj Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    I didn't show them yet. I called previously "without names" and mentioned the situation. The admissions department told me that he should go to school where he lives and "lives" is defined by the custodial parent. Thats why I was wondering if changing the paperwork to "shared custody" or 'joint custody" would change the situation even though technically he lives with his mom.

    Any thoughts or other recommendations?
     
  4. irish223

    irish223 Moderator

    Messages:
    1,682
    Likes Received:
    188
    Trophy Points:
    0

    Not all school districts check custody orders. You can try to enroll him without them first.

    If they require the order, then it cannot name your ex as the custodial parent, even if it says shared or joint parenting. They will want to see that he lives with you at least half the time.
     
  5. jaymaj

    jaymaj Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    What if I just told them there was no "formal" custody agreement? They couldn't prove otherwise. Are there state guidelines or would it just be what he and his mother agree too, right?
     
  6. irish223

    irish223 Moderator

    Messages:
    1,682
    Likes Received:
    188
    Trophy Points:
    0

    If you were never married and have no formal custody agreement, then legally the mother has full and sole custody. That probably won't work.

    If the district requires the paperwork, then you will have to have your agreement changed to 50/50 parenting time, or possibly get an order for temporary guardianship.

    You should consult a lawyer to see if there is anything you can do in less than a week.
     
  7. jaymaj

    jaymaj Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for the feedback Irish. That is pretty much what I had thought.

    Are there any lawyers who could pass along a couple of thoughts or ideas?
     

Share This Page

Thread Status:
Not open for further replies.