Q: I have 50/50 custody but slightly more time then my ex. I live in a different city. Can I change my children's schools?
Our parenting plan stipulates that I have them exactly half of the week and he has them the other half. However, since we started sharing custody, I have had them one extra night a week even though the plan doesnt reflect that. My sons, 6 and 8, currently go to school in a different city which equates to a two hour a day drive to take them and bring them home. This will interfere with my work schedule once they start their fall term and may cause me to lose my job. Their father doesnt work or pay court ordered child support yet he wont give me permission to enroll them in my cities school. Since I technically have the boys longer then him, the school stated I must use my address. Will I be in contempt of court if I enroll them in a local school based on the fact that I have them longer each week even though it is not in our parenting plan? We are also in the middle of a custody modification as I asked to them during the week and their father on the weekend, to keep a more regular week.
A: It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change the children's school right now if there is a pending modification action. If you have an attorney, you and your attorney should make that decision after considering all the circumstances. If you don't have an attorney, I recommend that you get one.
A: You say you are in a custody modification proceeding right now. I hope you have an attorney and if you don't you need to get one. The type of question you are asking here could impact your custody modification proceeding so it is critical to get professional legal advice. It is horrible to subject young children 6 and 8 years old to four hours of driving daily to and from school I hope the court puts a stop to it immediately. (Where are you driving in Oregon that it takes two hours to get to another city? Salem to Meford? That's insane.) Your husband also needs to pay support. The fact that he is not working is no excuse. He can't sit around waiting for the perfect job. He is legally obligated to take whatever work he can get while he looks for the perfect job because it is a crime not to support one's children. Get and attorney if you don't have one and don't put up with this nonsense. If your custody modification hearing is going to be schedule after school starts then you need set a hearing for temporary custody and support and you should have done that when you first filed. Get an attorney! The fact that you are posting here leads me to believe you are trying to do this without an attorney.
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