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Temporary Custody/ Enrolling Child in School

New York, NY |

I have Temporary Custody of my 3 year old son, he is eligible to enter Pre-K in Sept. His mother is determined to have him attend school down the block from her. Whereas I want him to attend school closer to me, the difference is 1 hour in travel time for me. Since I have temporary residential custody, do I go about as I have perm custody and place him in a school closer to me?? . I’ve tried to negotiate with mother on placing him in a school equally distanced from both, but she denied and wants him down the block from her.

Attorney Answers 4

  1. Best answer

    If you have an order giving you temporary custody, then such decisions are yours to make, unless the order also provides for the two of you to have joint custody. If you're unsure, it's best to consult a Family Law attorney. Either way, given that you have a contested custody case, you're best advised to schedule a consultation with a NYC Child Custody attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

  2. While I am not certain how or why you now have temporary residential custody, on the surface, you can enroll the child in your school.

    I do hope you are not going it alone in a family court. Being represented is the best way to protect your link to eternity.

    Good luck.

  3. If you have any questions about what you can do with your custody order, take it to a lawyer. It may be better for you to move the Court to permit the enrollment because you know the mother is objecting. That way you can get a clear order from the Court to enroll the child. If you are in the middle of a case, have your lawyer bring it up at the next hearing (or make a motion now if the next hearing is too far out). Good luck.

  4. As a New York Family lawyer, my experience has been that temporary custody becomes permanent custody more often than not. Nevertheless, it is not something to take for granted. Demonstrating a pattern of reaching out to compromise with the other parent is something that will reflect favorably upon you in the eyes of the court. Your offer to "meet halfway" is generous, when, as the other attorneys have pointed out, you are the custodial parent now, and thus, you have the right and authority to make this decision unilaterally (unless the court has otherwise restricted you). Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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