Question:
Can I pull my children out of the school system they are currently in, to go to another school with the same ranking within the state. My ex said he is going to fight me on this issue. Can he stop me from moving within the state?
Answer:
Your Ex-spouse can certainly try to prevent you from moving your children within the state. However, it is unlikely that your ex-spouse will be successful about the move if you have placement of the children and you have any basis for at all for the move.
Keep in mind that if your ex-spouse has joint legal custody of the children then he has the right to voice his argument against the move since education is part of joint legal custody and both parents have an equal say regarding educational decisions.
You note that the school is within the State of Rhode Island and the move to another school with the same ranking. If you are the placement parent it is unlikely that your ex-spouse would prevail at court.
Authored By:
Christopher A. Pearsall, Esquire
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