What to do if I recently moved after my divorce and want to change school districts for my children, but their father is against the change?

UPDATED: Sep 15, 2011

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What to do if I recently moved after my divorce and want to change school districts for my children, but their father is against the change?

We have joint physical custody. When we go to court what things willbe  the judge looking regarding “in the best interests of the children”. The children are 8 and 9 years old. I have them the majority of the time. The move is approximately 40 minutes apart. The move puts me closer to my employment (15 miles) and the father’s employment (6 miles). What do judges look for in relocation of schools? I will be representing myself in court.

Asked on September 15, 2011 under Family Law, Minnesota


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

Answered 11 years ago | Contributor

The factors used by the courts in weighing the best interests of the child differ from state to state and case law to case law.  An attorney in your area will best know the answer to this.  But I am sure that the court will weigh many things, both scholastic and emotional for the kids.  Is the school a better school?  Will the children have more of an opportunity to excel (programs offered, etc.)?  They will also consider the social issues I am sure.  Will they be able to forge relationships with kids closer to them (will you have them in "local" sports, etc., so as not to isolate them socially?)  I think that your being closer to them in the event of an emergency is a huge plus and I might focus on that.  Also for the ability to be more involved in their school being closer.  Good luck to you. 

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