Legal Question in Family Law in Indiana

My children�s mother and I share joint legal custody in Indiana and for 7 years we have done a wonderful job of mutually caring and communicating. My children are 9 and 11. I remarried recently and we live only 15 minutes from their mother. My wife has a 14 son and all 3 children have a love for each other. My 11 yo daughter and 9 yo son wish to leave the school system they have been in and attend where their brother attends. As for the benefits their school has the largest high school in the state and the school system they wish to attend is much smaller. Both are rated 1 and 2 in the state educationally for public schools. With all things being equal their mother will be having for the first time to do some shuttling. This seems to be the sticking point. For 7 years I have handled this during my weeks and often have assisted her during her weeks. We share them one week on one week off. I have offered to make this convenient as possible for her and of course my weeks would be nicer that way for the first time in these 7 years of divorce. At the end of the day the children, particularly our 11 yo daughter are determined about attending the new schools. We have discussed all sides and the children and I have toured both the middle and high schools. What rights do the children have and do I have as their father to open this door for them.

I would appreciate any thoughts or direction.


Asked on 2/02/10, 11:27 am

1 Answer from Attorneys

Presuming that the mother has physical custody, one of two things need to happen. You can petition the court for a modification or you can reach an agreement with the mother regarding the shuttling. I do not think you would win in a court battle as the kids are not at an age where their desires are given much weight in a court's decision, and it sounds like they would get a great education regardless of whom they are with. Therefore, I do not see a court making any change based solely on the facts provided. If mom wont compromise because of the shuttling, it sounds to me that you are going to have to give in and do all of it. I might suggest something that one of my clients in a similar situation did. My client and his ex spouse had joint custody, but the school was better in my client's district. So on Mom's weeks, she wold drop the kids off at the first bus stop within his school district as the location for the school was inconvenient for her. This worked well for approximately 14 years.

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Answered on 2/07/10, 11:57 am


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