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CA family law, child custody laws

I am divorced, share 50/50 custody of my 2 children, (10 and 12). I have the sole decision what school they attend. My ex moved over 40 miles from my house. The existing school is 13 miles from my house. The high school in my area is terrific, I want my son to attend there. My ex has violated the custody order by moving too far away. I own a house here for the past 4 years, my parents who help with child care live nearby. I do have about a year until this decision is to be made. Do I have to go in front of a judge to do this or can I just enroll him when it is time??

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Attorney answers (2)

Avvo Pro

Reputation Level 14
You answered your question when you said "I have the sole decision what school they attend." If that is true (that is, in the court order) then I think you can simply enroll them wher you wany, giving your ex notice of your intentions. let your ex go into court and try to stop you (which, in my opinion, based on the factds presented, will probably be not all that easy). You should also speak with an experienced family alw attorney on this who can advise you vased on all the facts of your case. Good luck.
2 people marked this answer as good
Mary Katherine Brown
Mary Katherine Brown, licensed in New York

Reputation Level 13
There doesn't appear to be an issue if you have the "sole" decision on where your child attends school. You may want to clarify this with your attorney, if you had one, or seek out a family law attorney to review your orders, but it sounds like you shouldn't have an issue, but this is based on what you have posted.
1 person marked this answer as good
Mary Katherine Brown
Mary Katherine Brown, licensed in New York

Other answers (1)

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cpowersrn

I want to enroll my son in a school in my area. Change the custody arrangements fromm 50/50

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