Where does my son attend school?

Asked about 4 years ago - Shirley, NY

Me and my ex entered into a open court stipulation, which was incorporated into our divorce agreement. we have Joint custody, with the residential aspect with her.
The stip/ divorce judgment states. " for school purposes the child will be deemed to be living with the father at.........for as long as he continues to reside at this address. If the father moves from this address then for BOTH school and residential custody it will revert to the mothers residence.
My ex took it upon herself to enroll our child in her resident school district, informing the administrators within my resident school district the child resides with her. We both agreed at the time of the divorce the child will be living with me while attending school. The ex violated the Stip, what can I do?

Attorney answers (2)

  1. Wilson Soto

    Contributor Level 6

    Answered . You can either file a motion for contempt in supreme court for her wilful violation of the terms of the incorporated stipulation or you can proceed to family court and file a 'violation petition' which has the same basic effect.

  2. David Alexander Browde


    Contributor Level 20

    Answered . If you can't negotiate a solution you can go back to court to seek to enforce the stipulation.

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