I would like to move with my daughter (my ex and I have joint custody,) My move would be a half mile into a new school district and about one mile from my current home. Our parenting plans states that he could file an objection if he disagrees with my move into a new school district. This move would not effect our daughters place of school since I work in her current school district and she would continue to go there. I am sure that he will file an objection, but for what reasons could it be granted?
He could say that, for whatever reason, it is not in the child's best interest. It is really impossible to predict though.
Coming up with theoretical grounds to object would be mere speculation, without a knowledge of more facts.
In my opinion, the reason that the relocation statute requires notice when you move into a different school district is that it assumes the child would be changing schools. The question then arises whether the new school is better or worse than the old; what type of students attend; the surrounding neighborhood, etc.
If your daughter is able to continue in the same school, there is little reason to object on the basis of school factors. So any legitimate objections would probably be based on the less desirable location of your new residence, the additional distance from his home, or her being separated from her friends. Even so, one mile isn't much of a change, so any legal challenge would probably fall on deaf ears.
Legal disclaimer: [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
Wow. Object for a move that is so short a distance? That is harsh. Your parenting plan has that provision allowing a parent to object to a move, but if your daughter is in the same school district then he would have to come up with something that would convince the court that the harm to your daughter from the move outweighs the benefits to you and your daughter to make the move. I would find it hard to believe any attorney would tell him to do this unless they have carefully laid out the possible expense of such a challenge. Usually these discussions are made when the intended move is out of state or at least one or more counties away.
Most of the time these objections are made when a parent is moving somewhere geograpically separated from their current location to such an extent that it affects the parent child relationship of the non moving parent or it otherwise harms the child in some important way.
Do you have an alternative dispute resolution provision in your parenting plan (or divorce decree)? Can you try to engage with the father yourself and then if it does not work, use a mediator to resolve it?
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