Question:
I have joint custody of our child, though our child custody agreement states my ex-wife has primary custody with me having secondary.
My daughter told me that she might be moving and joining another school district, but my ex-wife has not notified me of any plans to move.
What steps should I take to ensure that the current custody schedule stays the status quo and my ex-wife is not allowed to move my child into another school district?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child custody laws where I am licensed to practice.
Regarding your ex-spouse moving and/or changing your child’s school, you need to look to your divorce decree. Both parents must be involved in the decision-making process regarding major decisions in the child’s upbringing (education, medical, religious, extracurricular, etc.).
However, one parent must be given the final decision-making authority. If your ex-wife has final decision making authority for educational decisions, she will be required to discuss the decision with you, but regardless of your opinion, she may make the final decision to change the school your daughter attends.
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Typically, where I practice, the divorce decree will require a party that is moving to give the other parent notice of such move (the divorce decree will state the distance of a move requiring notice and the time period within which the other parent must be given notice). This notice gives you the time to file a modification and serve the other parent.
Once the modification has been filed and your ex-wife has been served, she cannot move the child out of the jurisdiction of the court during the pendency of the action.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a mens divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
