If my son is already enrolled to start in a public school for kindergarten in my district, can my ex-wife change this without being in agreement?

Our divorce decree states that no decision can be made if both parents (with 50/50 joint custody) are not in agreement. We agreed to enroll our son in the district that I live in and have already processed all paper work. She now has decided on her own to submit his name for an open enrollment in another district which neither of us live in. I am not in agreement with this and our son is already set to start school in th fall. She says her lawyer said to submit his name and if chosen the decision will be made by a judge. What should I do and what representation do I need?

Asked on July 12, 2012 under Family Law, Michigan

Answers:

Jeffrey Kaplan / Law Offices of Jeffrey S. Kaplan

Answered 8 years ago | Contributor

As an attorney I want more information than what you have provided. You should consult an attorney, who can elicit more details and provide you more specific advice.

That said, based solely on the facts presented, the short answer is - no. However, your wife is not yet in violation of the divorce agreement since she has not yet enrolled your son in another district. 

If your son is selected for enrollment, your wife will need to go to court and ask the judge to allow him to attend. It sounds like her attorney is gearing up for just such a fight.

If she sends him to the new school without petitioning the court, you need to take her to court and have the judge settle it.

Again, consult an attorney and have him/her on stand-by when the enrollment decision is made.

Good luck.


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