My wife and I are in the process of getting a divorce and I am trying to do everything I can to help my son with this transition. He is currently really struggling in school, and I feel it is in his best interest to transfer to a different district as soon as possible.
Can I have him transfer before the divorce is final, even if my wife does not agree with the decision?
While I am not licensed to practice law in your state, I can give some general tips on this issue based on the jurisdiction in which I practice.
It depends on a number of things. First, many counties have adopted local rules or put a standing order in place that directs what type of action is or is not allowed during the pendency of a case. You should first consult these to see if there is a “default” order in place in regards to your requested conduct.
Next, you may or may not have a temporary order in place that dictates what rights you have to your child pending a final custody decision, and this should be reviewed and followed for direction.
No matter what, it is best to get the court’s permission prior to any major life changes involving the child while a custody action is pending. It is best practice to file a petition with the court requesting this type of special relief and requesting that the court set it as a priority case.
It is tricky knowing exactly what your rights are as a parent when you are going through the divorce process. During this time, it is critical for you to get in touch with a divorce attorney for men who focuses on protecting fathers’ rights. They will understand the ins and outs of the divorce process and can help you determine how you can best help your child during this difficult time.