Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.
Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling her in a school of his choice without giving me any information in a school district his girlfriend lives in. He currently does not live at this address. I have asked him multiple times to at least provide me the address so I A) know where my daughter stays when he is with her but B) because this would be the address he uses for her schooling. This is also a violation of the divorce agreement. The school district he would place her in is better rated than my school district. Would I have a case to have her in my school district? Also I have read about residential custody, how would this effect my custodianship.
A: This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what the court can realistically do to enforce the order. It is also going to be very specific to the judge you'll be in front of, as well. So consult with local counsel who knows that courtroom!
Kevin M Rogers agrees with this answer
50/50 custody typically works well under only 2 conditions:
1. When parents live close to each other; and
2. Before the child starts school.
Once a child starts school he/she needs to come “home” from school; entertain friends at “my house.” In short, this custody agreement is going to continue to unravel. THIS time it has to do with arguing over which school district your daughter attends. Next time it will be something else and you’ll end up as enemies and spending lots of money and effort to get “your way!” I suggest mediation. It’s WAY less expensive than hiring lawyers to come up with a new arrangement. I agree your current arrangement is not working.
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