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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My children and myself are moving to Gulf Shores Al, from Pensacola

Customer Question

My children and myself are moving to Gulf Shores Al, from Pensacola Fl. My ex-husband and myself have shared parental responsibility, but the children primarily live with me. According to my divorce decree, I can move within 45 miles of my ex-husband. Gulf Shores is only 27 miles away. My ex-husband wants the children to remain in his district, and I feel this is not in the best interest of my children (who are 5 and 7). In my parenting plan, there are two boxes checked. The first says that the children shall attend school in the district in which the mother resides. The second box checked say " or any school both parents agree on". Am I within my rights to enroll the kids in Gulf Shores? My ex has filed with the court system (without an attourney) that I be held in contempt of court because he does not agree to the children changing schools. I scheduled a mediation, but he is now threatening that "I had better convince him" that the children would be better off in Gulf Shores, or he will "take this to trial". I am supposed to be registering the kids this week, but now am not sure if I will be held in contempt?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, it appears that based on your decree, you were granted 'primary' legal custody. Legal custody is the right or the ability to make legal decisions pertaining to your children, such as childcare, which church they would attend, what medical care they would be exposed to, and also which school they would attend. That "or" is irrelevant if you as the mother move elsewhere as that grants you the right to enroll your children wherever you reside. I absolutely do not see this as a contempt issue because the "or the parents agree" is a secondary condition, not the primary. The primary condition is the one that grants you the right to make this decision even over the objections of the other parent.

Good luck.

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