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What do I do if my ex-spouse is transfers our child to a…

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What do I do if my ex-spouse is transfers our child to a different school without my consent?
Submitted: 3 years ago.Category: Family Law
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Answered in 5 minutes by:
8/17/2015
Family Lawyer: Michael J, Esq., Lawyer replied 3 years ago
Michael J, Esq.
Category: Family Law
Satisfied Customers: 3,514
Experience: Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

Sorry to hear about your situation. :(

I assume you share legal custody of the child and that there is an Order currently in place stating this. If that's the case, your ex would be in violation of the Order for not consulting with you first before changing the child's school.

The remedy for a breach of an Order is typically a motion for contempt against the breaching party. The Motion would allege what the person did and what harm it caused. As a result, the Judge can force the person to undo what they do, stop doing something in the future, or in serious cases, administer fines and jail time (not in a case like this).

I hope this helps!

If you valued my time, please consider leaving a positive review. Experts don't get credit for our answers until you do. I'll be happy to follow up until you're completely satisfied.

Michael

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Customer reply replied 3 years ago
My son has custody of his girls. Their mother requested he have his attorney draw up custody papers and she would sign them. They were drawn up with South Dakota rules. She took them May 19 from school for the six-week and has not returned them. She has enroll them in school in Iowa without asking my son. He has not seen the girls all summer and wants them to be back for school August 19.
Customer reply replied 3 years ago
He has talked to his attorney two or three weeks ago and has not heard anything yet. The sheriff said this is a civil matter and he cannot help. Can my son go to the Iowa school and pick them up?
Family Lawyer: Michael J, Esq., Lawyer replied 3 years ago

If he has custody and she has no legal right to them, yes, he can pick them up.

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Customer reply replied 2 years ago
she has a 15 year old daughter who says her mom has custody of the 2 younger girls but my son is the custodial father. Can she get legal custody without my son being notified?
Customer reply replied 2 years ago
Can she transfer them to another school from SD to Iowa without my son being notified. She took them from their last day school on May 19, 2015 for their 6 week summer visitation and has not returned them.
My son has not seen his daughters since that morning before they got on the bus. While he was at work that day she came to his house got their things and left.
The 8yr old had tonscillectomy and adenoids removed without any contact to my son and he pays the insurance. When he called around and found out where she had this done they would not tell him anything because they only talk to the parents.
Family Lawyer: Michael J, Esq., Lawyer replied 2 years ago

NO, she can not get legal custody without notifying him.

Again, if she has no legal right to the children, she is not supposed to be making ANY decisions for them without his consent.

If you valued my time, please consider leaving a positive review. Experts don't get credit for our answers until you do. I'll be happy to follow up until you're completely satisfied.

Michael

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Customer reply replied 2 years ago
A visitor in my house was using my computer without asking permission. Please cancel whatever they signed me up for. Thank you
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