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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13063
Experience:  Licensed experienced Attorney
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Divorced, joint custody and 50/50 placement at time of divorce;

Resolved Question:

Divorced, joint custody and 50/50 placement at time of divorce; recently transferred to another state. Can our children be part time residents of both states? 9 months with one, 3 months with the other. We'd like the kids to attend summer school, which requires residency.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this difficult situation.

Did the court approved and ordered such timesharing in different states where the minor children would live 9 months in one state and 3 months in another state?
Customer: replied 1 year ago.

Placement has not yet been determined. We want to work out the best situation for the kids. Son is autistic and benefitted from summer school options provided in WI (state previous to relocation). I dot think he can attend school if he is not a resident.
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Are both parents in agreement as far as 9/3 months split for the minor children?
Customer: replied 1 year ago.
Yes, but we are trying to work out wher the 9 months should be and where the 3 months should be.
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Generally the courts would like to see the children attend the same school throughout the year, so if one of the children had special needs, the judge might be hesitant to approve a 9/3 month split in two different states.

However, if both parents agree and there is a court order approving and order such placement for the children, the summer school would have to consider the children to be permanent residents of the state where they will spend 3 months, for the purposes of accepting them into the summer school.

I wish you the best of luck and please let me know if you have related follow up questions.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13063
Experience: Licensed experienced Attorney
Alex J. Esq. and 2 other Family Law Specialists are ready to help you

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