Can my ex get the right to move our son from his current elementary school and both kids from their current daycare?

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Can my ex get the right to move our son from his current elementary school and both kids from their current daycare?

I have been divorced for about 2 years and we have 2 children together. I purchased a new home before him and we enrolled our son into the kindergarten in my district. He is now remarried and has purchased a home. He is wanting to move our son to the elementary school in his district. We live in the same city so both schools are close to us. He says that his school has better test scores. I would just like to keep him where he is use to. My ex is also wanting to move our kids from daycare. They are currently at a in home licensed daycare and have been there since my son was 18 months.

Asked on May 1, 2012 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Was the agreement you made on schooling in writing (the divorce agreement and decree) or was it that you would just agree to the issues between you?  Because he can indeed make an application to the court to move the children should you not agree.  Courts will take in all the facts surrounding the case and look at what is in  " the best interests of the children."   I would speak with  lawyer.  In some states the emotional stabiity of a child will weigh heavily and even more so that test scores, especially if the scores are not significantly different.  Good luck. 


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