New York Mills, NY asked in Child Custody and Family Law for New York

Q: If there is no custody agreement for the children, can one parent who has the children more, change their school?

I have the kids mostly on school nights and partially the weekend. My ex wont agree to any custody order until trial and trial was pushed back til 2021 because of COVID. Can I legally chnage their school to where I live since I drive 15 there and back almost daily to get them from his house, because they go to school there?

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: The courts don't like unilateral changes while a case is pending. If the two of you can't agree, have your attorney ask for a conference with the court or file a motion asking for the relief you want.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Making ANY changes while a case is pending before the courts without a Judge's approval is not advisable. You can file an emergency motion if this needs the court's attention immediately. You should consult with your attorney.

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