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.
The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding.
This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship.
The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.
I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey.
If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.
Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.
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.