Legal Question in Family Law in Illinois

Physical Custody/Visitation/Schooling

I have been divorced for 8 years. I have a son from this marriage. My ex-wife and I have Joint Legal Custody, but I have Physical Custody. In the divorce papers I am listed as the ''Custodial Parent''. For the past 4 years, the visitation for my ex-wife has been every other week. Not weekend. I did this so my son could spend time with his mom and build a relationship that was never very strong. Now he needs to change schools. I no longer live in the same district as my ex-wife, but the schools in my district seem to be better based on report cards published. My question is this -- As the custodial parent with physical custody, do I have the legal right to register him for school in my district without her permission? This would change the visitation being that I live 32 miles away from her. The visitation is NOT court mandated. We reached the agreement ourselves. I read another questioin here that said this visitation, not mandated by the court can be changed at any time. Please help. I do not have the funds available for a court battle and school starts in 3 weeks. Thank you.


Asked on 8/01/06, 11:53 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Physical Custody/Visitation/Schooling

Hello. In my opinion it would be in your best

interest to advise mom of the change. She might

go back to court and complain and then a judge

might not look favorably upon the switch by

you, without telling mom. Joint custody means

joint decision making.

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Answered on 8/03/06, 7:58 am


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