Child Custody

questions & answers

Question: My son is enrolled and attending Kindergarten near my home. Fathers now wants to change his school for first grade for 2017-2018. I feel our son will be established in this school with classmates etc he knows. I dont think it would be in the best interest to change schools to a half way point like fathers wants. And my daughter will be attending preschool at the school as well next year and their daycare is also down the street from school and they pick up and drop off children. My son has been at this daycare since he was 2 years old and these children attend his kindergarten class as well. Please let me know what i can do?

Answer: Your question leaves out some important information.  Who has custody of the child?  Do you have joint custody and joint rights to make parenting decisions?  If you and the father have joint custody and both have rights to make parenting decisions, the court will expect you to work together to make your decisions based on the best interests of the child.  If more than a year has elapsed since the custody order was entered, Arizona Revised Statutes, section 25-411 allows either party to seek a modification of custody and legal decision making rights. That would mean going back to court and asking the court to change its prior ruling on who has the right to make important decisions for the child.  If you already have sole custody and sole legal decision making rights, then you decide on which school your child attends. The forms for changing custody are on Maricopa County Superior Court's website.  However, if possible, hiring a lawyer to advise you is the best option.

QUESTIONS

  • My son is enrolled and attending Kindergarten near my home. Fathers now wants to change his school for first grade for 2017-2018. I feel our son will be established in this school with classmates etc he knows. I dont think it would be in the best interest to change schools to a half way point like fathers wants. And my daughter will be attending preschool at the school as well next year and their daycare is also down the street from school and they pick up and drop off children. My son has been at this daycare since he was 2 years old and these children attend his kindergarten class as well. Please let me know what i can do?

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