Legal Question in Family Law in Illinois

I have joint custody and sole physical possession of our 11 year old son with my ex. I recently moved 20 minutes away, still in the same county, with our child and my 5 year old daughter from another relationship. My child is currently going to a Catholic school near my old house. My plan was for him to finish the school year there and register him with his sister in the new school district where we now live. The school he would be attending in the new area would be much better than the school he is attending now. It also would be impossible for me to get two children two different places at the same time if for him to continue at the old school. My question is can I get in trouble for switching his school when the new school year starts if his father doesn't verbally agree? Also his father threatens to take me to court to get physical custody of our son so he can stay in the same school. He has told me for years that he would eventually find a way to get our son to live with him instead of me. Can he do this? I am a stay at home mom by the way. Thank you for your input. I also reside in Illinois if that helps.


Asked on 4/29/15, 11:30 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If you have joint custody, then the agreement contains a mediation provision. Joint custody, in a pure sense, requires decisions regarding school attendance to be discussed and either agreed upon or then discussed with mediators. Look at your judgment for the rules.

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Answered on 4/29/15, 11:52 am


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