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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1465
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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My wife and I have been divorced years and we share

Customer Question

my wife and I have been divorced for 10 years and we share joint custody with the primary resident for the children being her address in Fruitland Md our youngest son now 14 wants to go to school in In Delmar De where I live 14 miles away. He has expressed this several times but his mother refuses. He stays with me Mon and Tues and every other weekend and I make sure he gets to school every day. She has him Weds & Thurs and every other weekend and the school is right around the corner. She does not work so if her changed schools she would then have to bring him to and from school on her days. No changes in visitation. Our son also offered to stay with her every weekend and me thru the week but she still refuses. What can I do? I don't have money to fight her in court.
Submitted: 8 months ago.
Category: Family Law
Expert:  Amber E. replied 8 months ago.
A custody plan can only be modified by court order, and so for that reason, one or more court appearances are generally required and a fight is unavoidable when the parties disagree. However, it should be noted that modification disputes involving older children generally don't have to be as time-consuming or costly as they usually are with younger ones. This is because older children are better able to articulate their wishes and those wishes carry more weight, especially when substantiated by a showing that what the child wants is also in the child's best interest. Also, when children are older, the court is better able to determine based on the past behavior and involvement of each parent which one's perspective should be given greater consideration. In addition, the court may be interested in helpful input from teachers, coaches, and any documents or material having to do with the child's grades, attendance, conduct, and school rankings. The better behaved the child, the better their grades, the better the school, the better chance of the court approving a change. The initiation of a modification action typically begins with the filing of a Motion to Modify the plan. Now, many courts have forms available these days, they can also be found in the legal section of the local library. Forms are a common tool of those who want to save themselves attorneys fees by filing on their own. Then, it is just a matter of showing up to court and making sure the court receives as much information as possible having to do with what is being requested. Alternatively, those who cannot afford an attorney can apply with their local legal aid office, which can be found at www.LSC.gov. Legal aid provides affordable and often free legal representation to low-income individuals. They can also help with drafting forms and coaching individuals through the litigation process.

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