What to do if my ex-wife is being evicted and wants to move our child to another school?

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What to do if my ex-wife is being evicted and wants to move our child to another school?

My ex-wife and I share physical and legal custody of our 6-year old child. After living for free in the marital home for 3 years, she is in the process of being evicted. I live about 2 blocks from the child’s school and am not at risk for losing my home. How can I prevent my ex-wife from intentionally removing the child from the only school she has known and enrolling her in another school closer to where she eventually moves to. At this time, I am perfectly capable of taking care of our child and provide her with continued stability until her mother gets her housing situation figured out.

Asked on October 31, 2011 under Family Law, Maryland

Answers:

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

Answered 12 years ago | Contributor

So what you are really asking here is how you become the custodial parentof your daughter on a temporary basis until your ex wife gets her act together?  Or if you can change the agreement to become the custodial parent of your daughter so that she does not have to change school district?  If your ex wife agrees to the matter then all you need to do is to enter in to a modification of the agreement to become her custodial parent. If she will not agree then you need to go to court to ask a Judge to modify the agreement based upon a change in circumstances.  Her instability may or may not be enough.  It is best for you to speak with an attorney in your area on the matter.  Good luck to you.


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