What rights do I have as the primary custody holder of our son?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights do I have as the primary custody holder of our son?
I have joint legal custody but primary physical custody of my 11 year old son. I am moving 7 miles away but it is in a different school district. My ex is telling me that I can’t switch his schools (she lives in a totally different school district).
Asked on September 11, 2012 under Family Law, Pennsylvania
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your custody papers will set out what your exact rights are as the primary custody holder. Usually final orders will have a list of one set of rights that both parents have. Then, there is usually another list that is specific to the custodial parent -- the one that has primary custody. Usually, the primary custody holder has the exclusive right to decide the residence of the child --- which could necessarily mean that the child may have to change school districts. If your orders read like this, then the decision to relocate which results in a new school district-- is your exclusive right.
In rare cases, the judge does place geographic or other restrictions on the primary or custodial parent. If your orders restrict your movement or your right to change the child's school, then yes, your ex-would be right-- but absent this restriction, you can move.
If you are not sure what your orders mean, you may want to pay for a consultation with a family law attorney to go through them with you. A consultation should not take more than an hour and shouldn't cost you more than $100 or so--- just for a basic opinion. I know it's cash out of your pocket, but it's worth it to have a peace of mind and a clear understanding of what you paperwork means. If you had an attorney that helped you draft the papers to begin with, then they may help your for an even lower rate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.