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SingleDad1964
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Reged: 08/24/06
Posts: 1
Ex Spouse Trying to change child's school
      #139643 - 08/24/06 12:54 AM

I would be very appreciative if people would share on this. My ex-wife is attempting to chnage my 11 year old daughter's school. We have joint custody, 50/50, have had for four years now without ever filing anything with the court. Ex wife moved 8 miles away and wants to change daughter's school. Also threatening to sue for full custody. Daughter does not want to change schools. School starts in about 1.5 weeks. Pretty sure this is headed for court.

I have had financial setbacks and share a one bedroom with my daughter presently. (Separate beds.) My wife is not stable financially, but daughter does have a bedroom at least with her. Daughter prefers being with me, really, no denial or anything. I am only afraid of my living situation and feel strong about my relationship, parenting. But, still feel scared about idea of losing my daughter.


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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: Ex Spouse Trying to change child's school [Re: SingleDad1964]
      #139698 - 08/24/06 10:21 AM

Your ex wants to change schools to one closer to her new home? Is the school better? (you can look up test scores online at star.cde.ca.gov). I would check that out first.

In my husband's case, his ex also wanted the child to go to school near her house and she tried to use the test scores, but they were like one point apart and using them was not effective.

In your case, it sounds like there are only a couple factors:

1. the schools themselves
2. the distance between you
3. your daughter's thoughts
4. your living situation

If you can show that the old school is better or at least the same, then that would be good. The distance is nothing for California. Your daughter wants to stay at the old school, so that is good. The courts probably wouldn't listen too much to an 11-year-old, but at least your ex can't use her opinion against you. Your living situation sounds like the easiest thing she could use against you, but it is not a crime to be poor.

Sounds like neither one of you can afford a long, drawn-out battle. Hopefully you will be able to compromise without the courts.

Cinder


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Melody
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Reged: 06/02/04
Posts: 10102
Loc: California
Is the current school tied to her residence? [Re: SingleDad1964]
      #139805 - 08/24/06 03:16 PM

or to yours? If it is tied to hers, then the child is techically no longer eligible to attend that school. If it is tied to your address, then I believe the judge would rule that the child should stay in the current school. 8 miles is not far at all. Obviously the child can't walk or ride a bike, but MOM is the one choosing to move and there's no reason on earth that she can't drive the 10 minutes it would take to get the child to school. Unless she has transportation issues that cannot be resolved in any other way...but you could offer to take full custody in order to relieve her of that burden.

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