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Mom wants to change kids school districts. Considering the following facts, is it likely a judge would approve the change?

San Diego, CA |

Divorced 3 yrs. 2 grade school kids. 50/50 physical/legal custody. I'm in same house since marriage. Kids in current school district since pre-K. Mom moved 1 hr away (within County) 2 yrs ago. Kids commute to school on mom's custody days. Kids have perfect grades. State test scores WAY better in current district schools (9 versus 3's!). Kids consistently enrolled in after-school activities in current district on my days. Kids have friends in current district. All family lives in current district. We both volunteer at school. I've had same job for 19 yrs. Mom has unstable work history & no full-time job in yrs. Mom found new job close to her. I work close to me. Move would cause me to drive 4 hrs in traffic each day + I would now need before/after school care b/c of drive & to keep my job.

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Attorney answers 1


If you have a true joint physical custody order (equal time to both parents) then it is likely the court will not allow mom to relocate the children. In fact, if mom brings this question before the court it is possible that the children will be placed in your care during the week to avoid the unneeded commute. This is a complex issue and it is in your best interest to consult with an experienced family law attorney who practices in the courthouse wherein your matter is located. Good luck.

DISCLAIMER: This answer and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should always seek competent counsel for advice on any legal matter.