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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 18731
Experience:  Attorney with experience in family law.
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hello! my ex husband and I have joint custody with my ex-husband

Customer Question

hello! my ex husband and I have joint custody with my ex-husband having residential custody of our daughter He kicked her out and she is staying with a ex family member who has no legal rights of her. my question is do we both have to give consent for our daughter to withdraw, and go to another school district
Submitted: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.
Hi,

My name is XXXX XXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What state do you live in? What does that paperwork say about legal custody (as opposed to physical custody)?
Customer: replied 8 months ago.

We live in Illinois. we have a joint custody agreement.he has residential custody.


 

Customer: replied 8 months ago.

we both have an obligation to make decisions together. does this help or is there a trick to the question


 

Expert:  Lucy, Esq. replied 8 months ago.
No, it's not a trick question. Sometimes one parent gets decision-making authority over the other, which can make a difference.

First, you have the ability to go back to the court and seek a Modification, stating that you would like to change the custody order, since your ex-husband has removed the child from his home. As part of that, you can ask the judge to give you the power to remove her from school and enroll her in the district near where you live. The fact that she's not currently living with her father will hurt him if he opposes the request. If you're paying support, that would also end it, and you may be able to get support from him, due to the change in circumstances.

You may also be able to negotiate with the father to simply agree to the change in custody (in writing). If you're willing to negotiate child support, that may help - especially if he is aware that a judge may order him to pay you 20% of his income if you go back to court. As part of that agreement, he could sign something giving you sole decision-making authority.

Otherwise, if you're supposed to make decisions together, neither of you can unilaterally make changes to where she is attending school. It would be necessary to go back to court to show why the change is in your daughter's best interests if the two of you cannot agree. The fact that he has residential custody doesn't make a difference, because that's not the same as legal custody. Legal custody is the power to make important decisions, such as those regarding education, religion and health care.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 8 months ago.

we have a hearing on the 20th of aug. I did file a motion to modify custody already. he then slapped me with motion for child support which was on reserve. but I was still paying half of everythg he is just looking for more. regardless you are saying that we both must sign?


 

Expert:  Lucy, Esq. replied 8 months ago.
Unless or until the judge gives one of you the power to make that decision on your own, you would have to agree. Otherwise, the person that signs without the other parent's consent risks getting slapped with Contempt of Court.

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