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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Education Law
Satisfied Customers: 41221
Experience:  Experienced Education Law Attorney
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We live in Illinois but my husband works in Indiana and we

Customer Question

We live in Illinois but my husband works in Indiana and we pay Indiana and Illinois taxes. My oldest child goes to school in Indiana because that is where his father lives. We live right on the state line and live less than 10 min from the Indiana school.
Can I send my other children to school in Indiana with my oldest son? Is there a way to get around the ridiculously priced out of state tuition for my kids to attend elementary school? And no I cant move my oldest son to the Illinois school because of a legal
agreement with his father made long before I realized this would ever have been a problem
Submitted: 2 years ago.
Category: Education Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, the only way to send your children to an Indiana school is to have them be listed as living in Indiana. Since you are talking about different states here, and not just different school districts within the state, what governs is where the child lives. If you live in Illinois, then Illinois is where the children must attend. The option here is to go back to the courts via family court and see if the other parent can agree to transfer primary custody over to him so that once the children reside with him, at least on paper, they would become eligible for the local schools. But you cannot make the principal or the superintendent budge on this, you'd need to transfer where the children live to be eligible for the district.
Dimitry, Esq.

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