Can my son's mother change his school district without my consent?

Question

Pennsylvania - We live in the same town. She has primary physical custody, I have partial, and we have shared legal custody. My son catches the bus from my house on Monday mornings. Can she move into a different school district and change my son's school without my consent? The custody order would be affected. Will she have to get permission from the court? Our custody order says nothing about this kind of situation, but she filed a petition to relocate to another state before, and the court denied her. ?

I know I should talk to my attorney about this, but I'd like to save myself attorney fees for the phone call if possible (unless of course she acts on this in which I will have no choice.)

Has anyone been in this situation before???

Answer 1

If there was no change to the custody agreement then she could move and change your son's school district, but since the agreement is going to be affected you have a right to file a complaint.

Answer 2

You have been in this situation before.  When she petitioned the court to move to another state.  It was the same as she is attempting to do now in the eyes of the court.  If she moves without petitioning for permission or getting permission from you, she is in violation of the original court order.  Unless she has a very good reason to move him to another district, the courts are likely to take a dim view of it.

Answer 3

It should be spelled out in the custody orders. LOTS of custody orders are vague and leave loopholes. However, the question would be how the court normally defines the rights of PRIMARY physical custody. If a parent has the child (say) 90 percent of the time, it only makes sense. Moving from the state is completely different from moving to the other side of town. Is it something you could work a compromise on?? If she is moving, for example.. to save 300 on rent, or to have a better home for the child, then it is in his interests as well. Or, maybe there is a better babysitter, or school program at the new school.

You are the only one who can be honest, as to whether it really is worth a court battle.