Legal Question in Family Law in Kentucky

My divorce decree states that our children are to remain in the school district were I, the mother reside. I allowed my boys to go to the school district where there dad resides for the past two school years, under the premise that I was to be included in all educational and extra curricular decision making. My ex is signing them up for programs and extra curricular activities without my consent or permission. My ex is not being cooperative and excluding me. The divorce decree was never changed to list them as going to school within his school district. Do I have the right to pull them from their curent school district and re-enroll them in the school district where I live, the one that is listed on the divorce decree based on the fact that my ex is not being compliant?


Asked on 5/29/12, 12:59 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

There are two questions here: 1) do you have the right to do so, and 2) would it be right to do so. Under the first question, yes you probably have the right to enforce the agreement, but doing so would likely backfire. So, the answer to 2) is that it would likely not be the right decision to make.

When you deviated voluntarily from the divorce settlement, you voluntarily created a new "status quo" and, since it involves the educational well-being of your children, a judge would not want to change the status quo, even though it is in the divorce settlement. You would be wiser to pursuing a remedy through court where you get an order that he must include you in those decisions. Or, the final settlement and orders of the court in the divorce may already require this.

If you have an order requiring shared decision making on such matters, then you can pursue contempt sanctions.

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Answered on 5/29/12, 1:23 pm


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