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Can I enroll my children in a school of my choosing if I am separated from my wife?

Question Detail

My wife and I have 5 kids. A month ago she left and moved across town. The 3 older kids (teenagers) stayed with me she took the 2 younger kids, ages 10 and 8. She then removed them from their school and enrolled them across town at another school against my objections. I want to do what is best for my kids and was wondering since we are still married and no papers have been filed, is there anything stopping me from picking my 10 and 8 year old up from school and enrolling them in their old school where they want to be?

Answer

There is nothing stopping you from picking them up, but it doesn’t solve your problem. There is nothing stopping her from then taking them out of school once again. In order to make permanent orders regarding where the children are to live and go to school you are going to have to file for divorce or legal separation and get some custody/visitation orders in place. The Court can make a decision where the kids will go to school. Their old school may be where they know everyone, but is there new school more convenient for the mom who has to take them and pick them up? These are factors the court will look at when making these decisions. Are you going to be able to help with the pick-up and drop off if you live clear across town? You need to think about what is best for the kids in the long run and that may be to go to the new school.

Posted in: Child Custody, Divorce, Family Law

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