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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38600
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in Utah and have joint legal and physical custody of

Customer Question

I live in Utah and have joint legal and physical custody of my children. My ex wife and I alternate every other week with their full time care. The children (ages 16,13,11) have been attending the same schools for over 10 years. I purposely moved within the school boundaries to insure they could continue to go to the same schools when they are with me.

My wife now wants to move to another school district and expects me to either move to the same area or find a way to transport the children to and from their schools. With my work schedule, that is impossible. Our divorce decree does not address this issue, and we both disagree what is in the best interest of the children. However, I regrettably gave her "final say" in matters regarding religion, health and education when there is a disagreement.

What are my rights? Can I keep her from changing where the children go to school?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

That is a very god question. What is the basis or rationale of the move? What is the benefit? How far away is she moving from the current location?
Customer: replied 1 year ago.

The rationale is she wants to buy a home she can afford in a new city. It is only about 15 minutes away from the city we currently live in.

Expert:  Dimitry K., Esq. replied 1 year ago.

Quin,

Thank you for your follow-up. Most courts do not consider a 15 minute move to be substantial or significant, and of course you personally are not required to move with them.

However, you can file a petition via a formal injunction to deny the move if you have legitimate grounds that this move will not be in the children's best interests. For example if this move will affect their education as the new location has worse schools or does not have the same after school activities that the children take part in, it may be a good basis to contest. Similarly, if this move affects their roots and their friendships (which translate to stability and childhood development), it may likewise be a good idea to contest. Finally you can simply file a petition yourself for primary custody to be shifted to you so that the kids can remain in their current school and sphere so that this change will not affect them. This right to file always exists, and something that you may want to consider utilizing.

Good luck.

Customer: replied 1 year ago.

Great advice, thank you. Does the following excerpt in our divorce decree pertain to this particular situation? Can she make the final decision without my support?


 


6.1.d “Should the parties have a dispute regarding parenting of the children, Joanne L. Cook will make the final decision.”

Expert:  Dimitry K., Esq. replied 1 year ago.

Quin,

You are most welcome, glad to help. Based on the divorce decree she does have primary rights and she can indeed make a decision without your support. But that is why filing in court for a modification may help if the modification is granted--her right to make such decisions could be blunted or outright transferred over to you.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.

Quin,

I will be going to get some rest. Should you have additional concerns, I will respond to them in the morning. Otherwise, please do not forget to positively rate my answers to you as otherwise I do not get paid for assisting you this morning. Thank you!

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38600
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Dimitry,


 


I am having trouble finding the proper forms to file in the Utah Courts. You're advice was to "file a petition via a formal injunction to deny the move if you have legitimate grounds that this move will not be in the children's best interests."


 


Is the formal injunction a restraining order? Or some other order? Do you have a template I could use to file my specific petition?


 


Thanks, Quin

Customer: replied 1 year ago.

Dimitry,


 


Are you online?

Customer: replied 1 year ago.
Relist: Other.
Expert is not replying to my question.
Expert:  Seattle Scott replied 1 year ago.
Since mom is going to move less than 150 miles it is not a relocation where she has to give you 60 days notice see http://le.utah.gov/code/TITLE30/htm/30_03_003700.htm

Therefore you need to file a petition for modification of the Parenting Plan requesting that the children remain in the present school district and that the mother not have sole decision making regarding education. You can get the petition form here

http://googlemini.utcourts.gov/search?q=parenting+plan+modification+&site=Website_Collection&client=Website-Mobile&proxystylesheet=Website-Mobile&output=xml_no_dtd&filter=0&btnG.x=57&btnG.y=11

At that website also look for a temporary order, as you are going to need to have a hearing on a temporary order related to your petition to modify, as a trial on your petition will not happen until after the kids are enrolled in the new school district. Meaning you file and serve your petition and then set up a hearing on a motion for temporary order prohibiting a change in school district pending trial on your petition.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Your initial professional here. My apologies on the delay, but I see you were assisted in by absence by a different professional. Is there anything further I can assist you with at this time?

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Dimitry K., Esq.
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Family Lawyer
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I provide family and divorce law advice to my clients in my firm.