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What happens to school when the BM moves?

Snowbunny's picture

So up until this week DH and BM have lived in the same suburb, so SD10's school was no an issue. Now, BM has chosen to move about 20 miles away into the city to live with her rich, old, meal-ticket boyfriend. Whatever, more power to her, I don't exactly mind having her out of my neighborhood.

But....now BM says that she wants to put SD in a new school that's closer to her. Can she do that? There is no legal agreement between DH and BM, but I guess we just assumed that since BM was the one moving she would have to be the accommodating one. Besides the fact that neither DH or I want to drive the distance to a school near BM's new house (which, during rush hour, would be a solid 45 minutes each way), the schools in the city are notoriously bad. And for the record, when DH lived in the city for a year or so, he drove SD back to school every morning despite the time and gas consumption. Shouldn't BM be required to do the same since she's moving on her own accord?

StepChicka's picture

uh...since DH has primary legal custody (80% right?) then no...BM would not likely get the court to allow SD to change schools. But, get the official parent schedule with the court ASAP.

Snowbunny's picture

DH does have her 80% of the time but there's no custody agreement. They had SD as teenagers and never made any legal arraignment for anything.

StepChicka's picture

yeah..I thought so. I commented on another post of yours regarding the lack of an official parenting plan. DH really needs to get his butt to an attorney quick. Submit an emergency order of custody based on no agreement and BM threatening to move SD away.

Keep us posted what DH does, okay? We'd really like to see you guys come out on top Smile

Snowbunny's picture

God this is making me so nervous! DH wants to wait on any legal action until we get closer to the fall and we find out of BM is actually serious enough about this school thing to warrant a court fight. I personally wish he'd just do it already since I think he's out of his mind if he think they're actually going to get through the teenage years without a legal agreement, but I can't make him do it. I understand his fear, since the courts are so pro-mom, but still it's inevitable so why not just face the music? I just hope us waiting to do something doesn't blow up in our faces. Damn it really sucks not to have any power in these situations!

StepChicka's picture

So the BM is saying for next school year? If that's the case then its not as urgent of a matter. And she may have said it more out of wishful thinking.

I understand your concern all to well Snowbunny. My DH's laidback approach towards court dealings costed him time with his kid. In hindsight, I realize that he never wanted to more responsibility otherwise he would have fought for it which is fine too; its not my battle. Maybe that's what your DH is hoping for...less responsibility? If the BM is an otherwise alright person it may benefit SD to have more time with her mom. DH might be scared to tell you for fear of your disapproval but its worth speaking to him about it.

Snowbunny's picture

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epgr's picture

if this is the school the kid always went to then you could take it to court to keep her in the same school. I am sure a judge will agree that she is not married to this guy and keeping the kids school the same is in her best interest.
if custody is 50/50 he can not agree with her, and might actually be able to get her on some sort of contempt or special relief. We did that when BM enrolled kid in another school.. got a special relief and papers saying kids stay in this school.. BM got in alot of trouble over that one.

Snowbunny's picture

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