Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives
25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school. She also works where we live. So when he’s at school, all parents are 25 min away in an emergency, and she has no other resources where she lives to help. We don’t want to take any custody from her, continue 50/50, but would like for him to have a better education and not have to go to daycare especially when it’s not needed. Is there ever a time when they side w dads? We just want the best education for him. Thoughts?
A: It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in your district. See a local attorney and let him review the facts and all the documents.
A: This has two elements -- an Education element and a divorce element. If the divorce decree allocates how education decisions are made, then it governs. You may need to make a motion in the divorce case if the issue is unclear. As to education law, the kid must go to school in the district where he lives. Thus, his address of residence would have to change to yours. If it turns out he is not living with you, the school district could force him to go where he sleeps at night, which sounds like it is the ex-wife's house.
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