Legal Question in Family Law in Illinois

changing catholic schools

I have joint custody, but custodial rights. My son has been going to a private catholic school since 1st gr. Next yr he'll be in 3rd grade. My ex pays 100% tuition as per our divorce agreement which says,''if both parents agree private school is in the best interest, the husband pays 100%.'' I want to change to a more local catholic church. Right now I drive 30 miles one way to school and the school is 20 min for my ex. My ex and I live about 25 min away. This new school is in my town, but is in between our homes. My ex is refusing to let him change schools. I don't know if I have a legal leg to stand on. He has been in this school system since preschool, but @ different locations.

Can I insist he change schools? My ex says he has more of a say since he pays 100% of his tuition. I disagree, because I pay for uniforms, school fees during school and I agreed to take a cut in support to get to agree to the 1 st school. I think my son needs to go to a school closer to home.

Thanks


Asked on 5/30/08, 3:33 pm

2 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: changing catholic schools

Your joint parenting agreement should have a mediation clause. You should try mediation first. If that doe not work, go back to court.

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Answered on 5/31/08, 4:38 pm
John Steele Steele Law Firm

Re: changing catholic schools

Simple: Its the best interest of the child. So if you show the court that its better for the child to move, the court will allow it.

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Answered on 5/30/08, 6:43 pm


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