Back to school and divorced parents

If a parent wants to move school districts, does it matter if that parent has joint or sole custody?  

o Yes.  Very important distinction.  For joint custody both parents share equal right to make major decisions re: the children such as education.

For joint custody, can I switch school districts if I think it's best for my child? 

o If you share joint custody, "100 mile rule" says you can move up to 100 miles without court approval.  But this doesn't necessarily mean the other parent will agree if that parent does not think it's best for the child.  It could greatly affect the other parent's parenting time if that parent lives 90 miles away and has to drive hour and a half to see child. 

o Best way is if you and the other parent agree to the move.

o If not, court has to decide and will look at a number of factors to determine best interest of the child.

Can a parent move out of state even if sole custody?  No.  Must have court approval.

What if one parent remarries and relocates to her new husband's house in a different school district? 

o Depends how far from current district and may depend which parent has more parenting time (i.e., custodial parent).

What if the ex spouse doesn't even live in the school district where the kids go to school and parent wants to move them? 

o No requirement that you must stay in same school district as long as you move within 100 mile rule.  This would probably be reasonable since ex-spouse doesn't live there anyway depending on certain factors

Is there a better time to move districts over another?  

o Should do well in advance of the start of school to give time to work it out or seek court intervention.