Legal Question in Family Law in Illinois

Co-custody issue with schooling

My fiance has co-custody of his 6 year old daughter. Which is 50-50 everything..

The mother of the child has moved 5 times or so within the past 4 years, and is now being evicted again. She had enrolled their daughter in a school last year that was closest to her for her benefit without talking to my fiance about it. Anyways, the mother has nowhere to go, and is being officially evicted tomorrow. My fiance has decided to enroll his daughter in school by us, since he has her for half of the week, and her mother does not have a place to live, and because time is running out to enroll her so she can start with the other children on the first day of school. My question is, when the mother moves to where ever she is going to move, does she have the legal right to move the child to the school she lives by? Is there anything to stop this? We have a stable environment, and haven't moved for years, and don't plan to. They are currently in the middle of a court battle right now because he wants full custody due to sexual abuse allegations from the 6 year old about her mother.

The mother is threatening to move within the state, but far away and move her to the school there, I just want to know if she can do that after we enroll her here.


Asked on 7/31/07, 12:31 pm

1 Answer from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: Co-custody issue with schooling

Judgment for Dissolution of marriage should give guidance about schooling and a joint custody arrangement should label one parent the residential custodia/parent. If that person is the mother, father should seek custody change in court first. He's in violation of the court's order...of course I'm sort of guessing what's going on based on the limited info. that you've provided. Feel free to e-mail or call.

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Answered on 7/31/07, 7:11 pm


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