Q: Can my husband w joint legal custody file for physical custody if I move from the DV shelter to a diff school district?
In Grove City SD I home schooled our 6 year old autistic son and 4 year old son. We have been in DV shelters for 3 months. I was planning on moving to a school district where I could afford housing and have more job opportunities. Since they have been home schooled they wouldn't be displaced from school yet. This would be their first year in any school, though because we left and have been in shelters for so long they will be starting late. He is threatening to file for primary physical custody if I do that. Can he do that? Can he also refuse to sign papers to allow them to enter a different school district 30 minutes away?
A:
Normally a district 30 minutes away would not be considered a significant burden on custody. Anyone can file. Will he succeed--that depends on other situations. If you were in a shelter and he still didn't get custody I'm thinking unlikely.
Contact a custody law attoreny--they can best tell you.
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