We have joint custody with no primary custodian stated. Today he went and unenrolled them out of school and put them in school where he lives, he just recently started getting them regularly, I did everything with there schooling last year, bought everything.I have filed them on my taxes for the past 3 years , school starts in 5 days, how do I know who has the right to decide which school they go to?My ex husband and I have joint custody of our two minor children with no primary custodian stated?
These are to problems that should have been clarified in the order. This is why Bird Nest custody would be better.
http://tinyurl.com/BirdNestCustody2
\\\\\\\\\\\\\\\\\\\\\\\\\\My ex husband and I have joint custody of our two minor children with no primary custodian stated?
Are you aware that they CAN be enrolled in both schools? As long as you both can show proof of custody you can enroll them in both schools. This way when they are with you they will attend one school and when they are with their father they will attend another school. My sister was diovrced and her and her ex lived in separate cities and she had the kids for 6 months and he had them for 6 months and of course school overlapped. They were able to enroll them into both schools, at first it was a bit of a struggle but my nieces adapted very well. In fact my oldest niece wound up being Validictorian of her graduating class in BOTH schools and her younger sister wound up graduting mid term in one school and Validictorian at the other's graduation. As far as taxes go, you may need to consult a tax lawyer because your ex may be entitled to claim them for half of the year and you could owe the Govt. money if you don't double check if you CAN claim them for all three years. As for school supplies, both parents purchase supplies for the girls to keep at their prospective homes for when the girls are attending school there.
CoeyG 's answer souhnds ridiculous....I can see if it was 6 months at a time then maybe that would work but it looks like in your case they would have to go to your school one week and to his school the next. Think if the kids man that would be tough on them
As far as the order...yeah if its not stated that there is a primary custodian and its 50/50, with no stipulations on major decisions (for example, there should be a stipulation indicating that you both need to discuss any major decisions before a decision is made) then he can do as he pleases. The desicion to switch schools is major and if there is no stipulation in the agreement about decision making then he can do this. Id talk to a lawyer right away
you both should of made that decision, he can't make that on his own. There is physical custody and legal custody and you should have 50/50, then there is primary parent. Primary parent has the child most of the time, but you both should of made the decision of the school they attend. Is this more convenient for the kids their father and you, or just their father and inconvenient for every one else. If so.. you need to take it back to court and tell the judge because he had no right to do that on his own. But, if it is more convenient for every one except you... then let the kids stay in the school and don't fight him on it.
Legally the primary residence has control over where they are registered for school as well as claiming on your income tax.
Your husband must have told the school that the kids reside with him or you both just happen to live in the same district and this new school was in that district - but he still is suppose to be honest about their domain, he still was wrong about changing schools w/o your consent and changing them and registering is play yo-yo with the kids emotionally!
You might have to start putting things down on paper, which is silly on his part because that would require an attorney, costing money, but if you cannot resolve this in a civil amicable manner - off to family court you must go.
he does have the right since there is no primary residence stated.
i suggest you put in a modification order and request immediate intervention.
make sure what you are doing is in the best interest for the children. talk to your ex about this and see what his intentions were doing this
You should be talking to your lawyer not yahoo, and getting and get custody established at your house. If you have been able to file taxes on them then I would say that they are in your custody. He has been checking the law and you have been being a mother. Get on the phone asap to your lawyer.
Call your attorney since these items should be clearly spelled out in your custody arrangement.
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