NJ moves Son to a different school...options?

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Re: NJ moves Son to a different school...options?

Postby TejasDad » Thu Jun 28, 2012 1:07 pm

The point I was trying to make is that it could be worth the OP's time to call the registrar of the school to see if this is the policy of the district. If so, no harm no foul. If not, problem solved.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 1:11 pm

The OP needs to look at his decree first, and understand it, because the calling of the school may be a moot point.
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Re: NJ moves Son to a different school...options?

Postby jtwob » Thu Jun 28, 2012 1:37 pm

OP here...thanks for your input. My decree doesn't mention anything regarding who has final say. It just states we will share Joint Legal Custody on issues such as religion, education, and health related decisions. It is common in my area for a teacher to teach in a neighboring county while his/her children attend the same school. What seems unclear to me is what constitutes a material change? I mean, if she can teach and relocate my son to a different county school without my input whatsoever, thereby causing me additional time on the road and travel related expenses, then where does my Joint Decision-making authority come into play? I spoke with an attorney today and he said he doesn't seem to think a Judge would rule in my favor on any part of this situation. Craziness...she has moved him to 3 different schools in 3 different years and yet my input does not carry any weight.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 1:44 pm

then where does my Joint Decision-making authority come into play?


In general, the primary custodial parent has the authority to make those decisions. "Joint Legal" doesn't really mean ""Joint decision making authority". It means you have the authority to make the day to day decisions while the child is in your care and you have the legal right to obtain the documents relating to education, religious and medical information of the child. That wouldn't be so if mom had sole custody. You would have to ask her for such information rather than being able to go to the providers themselves.

Generally, primary custodian will have the right to decide which school or church and make the big decisions on medical treatments.

Sorry.

As the child gets older and the instability of changing schools shows in his academic records then you may have a case relying on the Best Interest standard.
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Re: NJ moves Son to a different school...options?

Postby newwife » Thu Jun 28, 2012 2:41 pm

well, your lawyer seems to think you don't have a chance, but does NJ know that?

Perhaps a letter of objection from your lawyer? It could be worth a try anyway.
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Re: NJ moves Son to a different school...options?

Postby secondhalf » Thu Jun 28, 2012 2:45 pm

Generally, primary custodian will have the right to decide which school or church and make the big decisions on medical treatments.


Church?? Probably not, IMO. I would think that that whichever place the child is at the child is free to attend whichever church with that parent. I wouldn't think that I judge would want to have any say in regards to which church a child attends.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 2:49 pm

Did you even read the case law cited?
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Re: NJ moves Son to a different school...options?

Postby secondhalf » Thu Jun 28, 2012 2:55 pm

Yea, saw it in the other thread. I see it a bit differently though. Christian vs. Jewish vs. Muslim etc. is a lot different than Methodist vs. Lutheran vs. Catholic which is also different than Methodist in town 1 versus Methodist in town 2 versus Methodist is town 3.
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Re: NJ moves Son to a different school...options?

Postby Fatheroffour » Thu Jun 28, 2012 3:01 pm

If church A has a teaching fundamentally different than church B then parent has a case.
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Re: NJ moves Son to a different school...options?

Postby secondhalf » Thu Jun 28, 2012 3:08 pm

If church A has a teaching fundamentally different than church B then parent has a case.


Agreed? However, "fundametally different" is very subjective and may be left up to the judge to decide. And IMO, a judge is not going to really get involved unless the faith is changed (i.e. Christian to Jewish etc.). And if they do get involved in cases where the faith is not being changed on weekly basis I would think that an individual would have a strong case on appeal.
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