dlktx
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Reged: 01/18/06
Posts: 13
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If I can't get a district transfer approved, I need to move so that my son will be in a better school district and it will be closer to my ex's home which would make it easier for ex and in the best interest of my child (I believe, but ex does not), can he stop me. I am the PCP and have the right to establish residency. Son is hanging out with a group that skips school, violates the daytime curfew ordinancy (already got one ticket from the police). Ex won't agree to move son in with him so he can go to the school in his district because his girlfriend doesn't want the son there. Ex won't take son for an extra day during the week to help me work with son more closely. Can ex stop me? What rights do I have?
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Jada
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Reged: 06/02/07
Posts: 3463
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You are actually going to be moving your child closer to his father so that your child can attend a better school and his father is objecting?
Somehow, I don't see him winning in court.
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dlktx
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Reged: 01/18/06
Posts: 13
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could he argue that I am taking him away from his social circle, which in my opinion is what is causing the problems in the first place.
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germangirl631
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Reged: 04/04/08
Posts: 1281
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I don't think a child's social circle is the most important thing a judge looks at in a case. They look at the availability for parents to exercise their parenting time the most. The children don't make the decisions, the judge and the parents do. And, it's for the child's best interest. Not necessarily what the child wants.
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Jada
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Reged: 06/02/07
Posts: 3463
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[quote]could he argue that I am taking him away from his social circle, which in my opinion is what is causing the problems in the first place. [/quote]
That's not an argument that is going to hold up in court. Let him use that argument. Let your son's school record show why he needs to be in a better school district.
Has your son gotten into trouble with the law? His friends? If yes to both questions, use that in court.
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KGrow
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Reged: 01/27/06
Posts: 3153
Loc: Colorado
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My first thought was that there's no way you'd need your ex's permission to move closer to him.
However, joint legal custody requires you to agree on major parenting decisions or go to court to work it out. We're talking about a change of schools here. Schooling is generally considered a major parenting decision. It probably is something you should try to work out. Realize though, that if you are unable to agree and you have to take it to a judge, it will be a quick decision in your favor.
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dlktx
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Reged: 01/18/06
Posts: 13
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My son has recently been skipping and going off campus for lunch, which only seniors can do and he is not a senior. I caught him once (just happened to see him). I warned him that I was not going to tolerate it. He was ground and then as soon as he got off his consequence he went off campus again and this time got caught by the police. He'll be going before a judge soon. He does this with the same group of kids. One of which just recently got his driver's license and is not suppose to have more than 1 other person in the car with him. He has a mini-van so he piles as many of his friends in there as he can. We tried talking to the parents of this inexperienced driver, but they don't seem to care.
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dlktx
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Reged: 01/18/06
Posts: 13
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thanks for the insight. my son's father and I do not agree on this matter, but I think it is more because his new live in girlfriend doesn't want my son to be there at the house anymore than he has to be. In fact, my ex told me that "SON" and "GF" arwe telling me they do not want SON to change school, so I'm not going to do it.
Edited by dlktx (06/03/08 10:13 AM)
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germangirl631
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Reged: 04/04/08
Posts: 1281
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You're going to let the OW and your minor SON dictate what's best for your son? I'd think long and hard about that. If you're trying to save your son from trouble, do it. Moving him to another school will remove the constant bad influence his friends are pushing on him. He still would probably see them after school, but there would be much more time away from them and he might even grow out of their friendship if he meets new kids at the new school.
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dlktx
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Reged: 01/18/06
Posts: 13
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I really appreciate your words. My ex has this way of making me feeling like an uncaring mother when I want to do things that my son doesn't want. So NO, I am not going to let my son and my ex's GF tell me what's best for SON. My ex has always done what my son wants, that's probably why the GF doesn't want SON around because he can be really difficult sometimes. Thanks for the encouragement. I am realizing more and more that I AM doing the right thing. Kudos to everyone.
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