Question:
My wife moved out of the marital home with our children and is trying to enroll them in another school.
We have talked about divorce before, but no one has filed yet so there are no custody or temporary orders in place.
Do I have the right to keep custody of the kids and keep them in the school they have been attending for years?
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 Maryland divorce laws where I am licensed to practice.
If there is no custody order in place, you may have the right to keep custody of the children and keep them in their original school.
However, please be aware that without a custody order, neither party has priority when it comes to custody of the children.
Generally, in this situation, both parents are considered to have joint custody and will be expected to act in the children’s best interests.
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If you are unable to resolve the custodial issues with your wife, then you may address your concerns regarding custody by filing an action for custody with the court.
Unfortunately, without some type of emergency action, it is unlikely that the court will immediately address your custody concerns. Where I practice, you may file an emergency action, though emergency hearings are rarely granted and will only be granted unless the children are in danger or at risk of being harmed.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Jeff J. Kim, please contact Cordell & Cordell.
