Legal Question in Family Law in Maryland
My ex-wife and I have joint legal and shared physical custody of our daughter. I pay 100% of her school tuition but her mother wants to move her to a different school. I do not wish to move her. If her mother insists on moving her, can she take me to court because I am not in agreement with the move?
3 Answers from Attorneys
The answer to your question depends on the terms of the joint legal custody agreement, or if no agreement, court order. For example, if the consent of both parents is required for this kind of decision, she shouldn't be able to get the court to make the change. Some custody agreements or orders provide that in the case of a dispute of this kind, the parties agree to submit it to mediation or arbitration. If there is nothing along these lines dealing with this situation in your case, she could file a motion in court and you could contest that. Ultimately the court will decide what is in your daughter's best interest.
Should could take you to court to attempt to modify legal custody. You should contact an attorney should she do so and may need legal assistance to help avoid her from taking action, that is to represent you with working this out. Key question is how far away the proposed school is from the current school, difference in tuition and reasoning behind the need to change the school.
She could take you to court to attempt to modify legal custody should agreement not be reached. You should contact an attorney should she do so and may need legal assistance to help avoid her from taking action, that is to represent you with working this out. Key questions are: how far away the proposed school is from the current school, difference in tuition and reasoning behind the need to change the school.