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In New Jersey, with joint legal custody, and neither parent having ppr over education and both parents living in different schoo

Closter, NJ |

school districts, how do you change the school location of a fourth grader?

Attorney Answers 3


  1. If the parties cannot agree to a change in school district, the party seeking the change would have to file a Motion with the Court setting forth all of the facts and circumstances that would support such a request and application. I recommend that you consult with a Family Law attorney who can provide more information based upon the specific facts and circumstances involved in your matter.

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  2. The facts of your unique situation will largely govern the outcome of your case. You're going to have to go through the court by filing a motion to request the judge issue an order to change school locations. Attorney Weinberger is correct that you should seek the advice of an attorney to help you accomplish your objective by first scheduling a consultation in person with them so they can advise you confidentially.

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  3. In addition to what my colleagues said, I have a few questions: (1) is the school location in another school district? If yes, the father or the mother's or another district? (2) In most cases, the "residential parent" is the one that determines where the child goes to school, BUT if the non-residential parent disagrees, it may be difficult. What does your divorce decree state about school? (3) In order to "change" school locations, do you mean a different school in the same district as the child currently is attending or a school in a different district? If the school is in the same district as the current one, it is unlikely you will need an Order from the Court. You are not changing school districts, just schools within the district. And assuming that transportation is not an issue (the school district will still provide that), you are not substantially changing the education decision of the child. BUT if you are changing to a different school district, then you will likely need the involvement of the Court. In any case, you should consult with a family law or education attorney (who also knows family law) to determine which situation applies and the best way to resolve it. Perhaps a simple discussion with both parents and a representative of the school district(s) will resolve this by agreement.

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