Do I need a lawyer?

[Swan4Me]

But doesnt that mean the burden is on her to drive extra to take him to the existing school?
(3 miles seems like nothing to me-our city and metro area is so spread out)

 

[arthur06]

I would be really upset!!! Or, possibly, could you come to an agreement where you could move out of town now?

I am going to ask her for an agreement that allows either of us to move within 10 miles of the school district. Since she has closed on her house and is out of the district, seems like I have the leverage.

But doesnt that mean the burden is on her to drive extra to take him to the existing school?
(3 miles seems like nothing to me-our city and metro area is so spread out)

Yes, the burden would be on her. However, I asked in '08 if I could move out of town, about 7 miles from his district and was told that "NO" he is not allowed to move. Then when I contacted her in December about this move she denied it and said that there is nothing to change in the existing agreement. I talked with my lawyer, and she is in violation. I just want the same opportunities to look for a home and where we live (fairly rural), 3 miles makes a difference. I don't get why I followed the rules to the letter and she blatantly disregards them?

 

[RachaelA]

I am going to ask her for an agreement that allows either of us to move within 10 miles of the school district. Since she has closed on her house and is out of the district, seems like I have the leverage.



Yes, the burden would be on her. However, I asked in '08 if I could move out of town, about 7 miles from his district and was told that "NO" he is not allowed to move. Then when I contacted her in December about this move she denied it and said that there is nothing to change in the existing agreement. I talked with my lawyer, and she is in violation. I just want the same opportunities to look for a home and where we live (fairly rural), 3 miles makes a difference. I don't get why I followed the rules to the letter and she blatantly disregards them?

So all you want is to be able to move as well? You aren't going for full custody or anything? I don't see how a judge would now tell you that you can move when she already did. Hope it works out for you!

 

[robsmom]

I am going to ask her for an agreement that allows either of us to move within 10 miles of the school district. Since she has closed on her house and is out of the district, seems like I have the leverage.

OP, I hope that you resolve this as it does not seem fair that she turned you down and now moves. I may have missed something, but is your DS in a public school? I am assuming so because you keep referring to his district. If you move and neither of you is in the district does he need to switch schools? Are you ok with this?

 

[arthur06]

OP, I hope that you resolve this as it does not seem fair that she turned you down and now moves. I may have missed something, but is your DS in a public school? I am assuming so because you keep referring to his district. If you move and neither of you is in the district does he need to switch schools? Are you ok with this?

He has grandparents in town, so the district will grant exceptions for issues like this.

I don't want to move out of town at this point, I just want the agreement to be current and legal. If I decide that I want to move in 3 years, I have an enforceable agreement.

Does the NBA ever let one team shoot 3 pointers from the College 3 point line and the other team from the NBA line for equal points? I just want fair/equal and enforceable rules that we both have to follow.

 

[sookie]

He has grandparents in town, so the district will grant exceptions for issues like this.

I don't want to move out of town at this point, I just want the agreement to be current and legal. If I decide that I want to move in 3 years, I have an enforceable agreement.

Does the NBA ever let one team shoot 3 pointers from the College 3 point line and the other team from the NBA line for equal points? I just want fair/equal and enforceable rules that we both have to follow.

I think you shouldn't be so specific. Maybe now saying that you can move would be sufficient and wouldn't tie you down so badly (if you found a house 11 miles outside the district - that would be bad!).

Honestly, I wonder if you should just ask for full custody - if you want - and see how it all pans out. Show how she has refused to work with you in the past. It seems like in our court system - the parent who is the most flexible and reasonable in the eyes of the court almost always wins. The one who is not listening, not being reasonable or accommodating to the other party - always loses.

 

[luv2sewtjr]

Team sookie. I would just ask for custody and stay put until your ds graduates.

I would be hesitant to use a grandparents address for school enrollment purposes. In the age of budget cuts, districts are looking more closely at out of district kids as well as performing audits on enrollment paperwork. If you are out of district, you are expected to pay tuition. And tuition students have to be approved at the school board meeting. (I'm in PA and attend most board meetings in our district).

We have a blended family and have had our share of struggles.

 

[monsterkitty]

Team sookie. I would just ask for custody and stay put until your ds graduates.

I would be hesitant to use a grandparents address for school enrollment purposes. In the age of budget cuts, districts are looking more closely at out of district kids as well as performing audits on enrollment paperwork. If you are out of district, you are expected to pay tuition. And tuition students have to be approved at the school board meeting. (I'm in PA and attend most board meetings in our district).

We have a blended family and have had our share of struggles.

This isn't true in all states. Many states have "open enrollment" where you can apply to a school that is not your home school. If accepted there is no tuition fee. Some schools do make you interview and will look at the student's state test scores, GPA, discipline, and IEP or 504 needs.

Many schools will allow a child to finish out the school year and stay at the school until the child ages out of that school level.

Good luck, OP in the outcome you want.

 

[seashoreCM]

How would you handle it if the court allowed you to move but after that the school district required that your son leave the district because neither parent lived there. Now it would be between your new district and your ex' district. Brand new expensive court battle.

 

[sookie]

i saw your post in the budget board - are you looking at houses out of town? if so good for you! heard anything lately? i would love to see your ex flip because you get a house where you asked to live years ago.

that being said - a lot of schools will not take out of district transfers because of costs. there is a major budget crisis right now - they will not teach students in areas where they are not obligated to do so. each child costs money - teaching an out of district student costs even more because they are not receiving the funds to teach them from taxes, etc.

i would not count on that. i would pick the best district you can and then try to get him in your district.

 

[arthur06]

i saw your post in the budget board - are you looking at houses out of town? if so good for you! heard anything lately? i would love to see your ex flip because you get a house where you asked to live years ago.

that being said - a lot of schools will not take out of district transfers because of costs. there is a major budget crisis right now - they will not teach students in areas where they are not obligated to do so. each child costs money - teaching an out of district student costs even more because they are not receiving the funds to teach them from taxes, etc.

i would not count on that. i would pick the best district you can and then try to get him in your district.

The house we looked at IS in the district. I don't know at this point that we will proceed on that house. It is really run down and would almost require being torn down and building new. Just not something that I am sure is in the budget at this point. DW and I have talked, and if we are going to build, we want to do it right, with upgraded.

Thanks for taking an interest in how this goes, I will make sure I keep you up to date.

 

[m&m's mom]

So if your ex-wife is found to be in violation of the agreement, does it have an "teeth"? Bottom line is I cannot imagine they could make her move back so what the heck is the point of following the agreement?
That would really frustrate me if I was sacrificing to adhere to the law and have your ex NOT and suffer no consequences. The effects from her move (whether or not she has to get the child to school) are just ancillary to the real issue of the original violation.