My ex emailed me a custody agreement to sign giving herself more custody, which I of course just ignored. She also put in the message ‘consider this your 30 day notice I’m moving btw,’ with no new address or anything. I checked their attendance this morning and saw they’re no longer enrolled. The school said she didn’t provide an updated school to send records over, and no new school has reached out asking for their records. Our parenting agreement states she must provide a full 30 day notice to myself and the court when moving with an updated address, which she clearly failed to do. There’s no stipulation on her changing schools, but our agreement states neither parent shall be denied access to school records, so her changing schools without telling me breaks that in some way. I do have a meeting with a lawyer, but I know I don’t have much time to sit around waiting. Not exactly sure what I can or should do in this situation. My end goal is to be the primary parent and have the kids’ school based off my address.
In Virginia, both parents are required to provide advance notice of any change of address, and they must share it with the other parent unless there are serious documented safety concerns. If your ex is withholding her address, you can file for suspension of visitation until that information is provided. This is considered an emergency violation. Make sure all contact is in writing or recorded.
By his own admission, there have been serious documented safety concerns.
Instead of jumping to what you want, start with the kids’ needs. They need to be in school and not truant. File something that will force the issue.
You can object to her move if it violates the distance provision in your parenting plan. Doesn’t sound like you have a case for a substantial change of circumstance to go for primary custody though, unless she’s moving a really long distance away.
Yes, you can object. IMMEDIATELY see your counsel. File a contempt charge for violating the court order. File for an emergency hearing. This is the hill you choose to fight and defend.
Does your parenting plan designate sole or joint decision making regarding education? This won’t look good for her, and the court might give her a slap on the hand, but you should document her behavior. If you end up going to court, ask for joint or sole decision making regarding educational decisions.
What does your lawyer say to do?
Which one of you is the custodial parent? If it’s her, the changing schools will likely fly. Her notice not so much, but it won’t matter.
Who gets to decide where the kids attend school? Surely one parent has decision-making authority over that. You need to see a lawyer and have a hearing if you object to where the kids are enrolled once you figure it out.
It says based off where the mother lives. However, it also states she must provide a 30-day notice with her new address to both myself and the court. If she provides that, I’d have time to see if the kids would be changing schools based on her new address. When she gives a 10-day notice with no updated address and pulls the kids out of school without informing me, it takes away that opportunity.
It’s easy to get caught up in every little detail of an order. Start broad, then hone in on the details if there are future conflicts.
I don’t think you have anything worth going to court over. She may not have provided the new address, but she gave notice she was moving. Ask her for the new address and if the kids will be enrolling in new schools.
You should move quickly. Try to move up the meeting with your lawyer. You need to reject the custody agreement and request to know what school they’re in and the new address.
Take her to court.
She had her address set as her mother’s house for the longest time and wouldn’t change it through the DMV. The last time she moved, she gave me a fake address. She also tries to claim I abused her, which is false. I need to lawyer up and put this circus to an end.
So lawyer up! Why have you waited so long?