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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Is it illegal when one of the parents who are separated brings

Resolved Question:

Is it illegal when one of the parents who are separated brings the 13 year old to the family's second house in a different city and signs him up for school there?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. If you are separated and not going to be getting back together, you should certainly proceed through the court and file for legal separation or divorce. The reason being, is that child custody and child support, would need to be court ordered, to avoid this exact problem. Unless you have a custody order (a court order signed by a judge that says that you have custody), you and your spouse have equal rights to have the children. You and your spouse can agree on where the children should live but if you can not, it would be decided by the Judge, based upon the best interest of the child. Even though your son can express his desire to live with you, the final say is always up to the Judge, based upon the best interest of the child. If she has moved and it trying to relocate with the child, you should act quickly so the matter can be heard and it can be ordered that the child be returned, if the Judge does award you custody, until the divorce is final or even thereafter. Moreover, if custody will be shared, the mother may want/have to relocate back in close proximity to where you currently reside.

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Customer: replied 1 year ago.

Thanks a lot. I am the father and I am the one who doesn't know what to do. The school starts this week and I'd like to take our son to this other city 100 mi away from our original place (same state). I'd like to sign him up for school there. Am I braking a law? The mother (still my wife) firmly disagrees with that. My son firmly wants to move with me.

Expert:  LegalKnowledge replied 1 year ago.
It is likely in your best interest and that of the child, to remain until you can obtain a court order, allowing you to relocate 100 miles away. The mother has just as much right to the child as you and even though your son wants to firmly move with you, he does not have the legal authority to allow it. It is best to file for divorce or legal separation through the court and have it ordered by the Judge that this be allowed. In addition, the school may not even allow you to sign the child up without the permission of the other parent, to avoid this very situation and you would need documentation to show you have the legal authority to do so. Even though it is the same state, the courts usually restrict the ability to relocate, to a certain mileage( typically 60) which is less then 100 miles.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16507
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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