Portland, OR asked in Family Law and Child Custody for Oregon

Q: If parents cant agree on school district for kids, what do we do?

Both parents lived in same school district. 1 parent has moved and said they would not take kids out of district but once heard we are moving now wants to remove them from district. Other parent wants to move closer but keeping kids in same school district.

What are our rights? What do we need to do?

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1 Lawyer Answer

A: The answer depends on whether there is an existing custody order issued by a court that has jurisdiction over the parents and the children. If there is no existing custody order, both parents have equal rights to enroll the children in school, so you may want to file a court action to establish custody and try to obtain a temporary order requiring the children to remain in their existing school district. If there is an existing custody order, you should carefully review it before determining the appropriate action to take, which might include a motion to modify custody or parenting time. If you do file a motion to modify custody or parenting time, you may be able to get a temporary order that prohibits either parent from changing the children's school district until a court hearing is held.

Michael Hajarizadeh agrees with this answer

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