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can sole custodian of 16 year old suddenly decide to enroll

said son into military school...
can sole custodian of 16 year old suddenly decide to enroll said son into military school in another state, in which noncustodial and sole custodian currently live. Custodial and noncustodial both live in Illinois where divorce granted and military school located in Kansas. Less than 24 hr. notice given to me regarding this change
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Answered in 8 minutes by:
9/1/2013
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified

As I alluded to in my questions, the crucial issues here are how decisions are to be made regarding the child's education and what visitation is exercised by the noncustodial parent. As you did not respond to those questions, I'll answer your question as best I can. If I overlook something, please let me know. Regardless...

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In general, no, the custodial parent cannot make such a decision without the noncustodial parent's consent. First, education is one of those fundamental issues that is usually intended to be shared by the parents. Meaning, neither parent may simply enroll the child in whatever school they deem appropriate. Second, moving the child to another state would almost certainly impact the noncustodial parent's contact with the child. Again, this sort of thing typically cannot be done without the noncustodial parent's consent.

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The recourse here would likely be a motion for contempt and enforcement. The motion would indicate that the custodial parent has made a unilateral decision to enroll the child in another school without discussing the matter with the noncustodial parent and that the school is in another state, thereby impacting the noncustodial parent's time with the child.

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Customer reply replied 4 years ago


did I mention parent who has decided to make this sudden change is father that is sole custodian at present time, and I the mother is currently non custodial parents, but have standar vititation of every weekend, every Wednesdays and splitting of holiday time. In summer it is 2 weeks on and 2 off throughout summer. We all reside in Illinois, anddivorce was granted there also. Proposed school is in Kansas


 

Thank you for the additional information. However, nothing from that information would change my previous response, I would still suggest that the recourse is a motion for contempt and enforcement.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Ask Your Own Family Law Question
Customer reply replied 4 years ago


this in particular involves Illinois family law. You r saying I have the right to object by getting an order for contempt and enforcement regarding violation of my visitation rightist files this Monday with ATTORNEY ON MONDAY.


.

Yes, if you want to object to the custodial parent's actions, file a motion accordingly.
.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified
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Joseph
Joseph
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Category: Family Law
Satisfied Customers: 7,280
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