Legal Question in Family Law in Maryland

Hello,

My ex is not abiding by our divorce decree, which included a mediated parenting plan stating that our children were to remain in their current schools. Instead, he has moved out of town and brings them to school on his days, requiring them to do a lot of riding and get less sleep. Now he is trying to force me to allow them to go to school close to where he lives (which is more expensive). He offered this to our son (an adolescent who feels like an outsider at his current school but hasn't made an effort to be more involved) prior to even discussing it with me. So now if I refuse I will be the "bad guy" for not letting our son have "his" way. I would appreciate any advice. Thank you.


Asked on 1/07/16, 7:06 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

A lot depends on whether your parenting plan gives your ex any control or influence over child decisions such as schooling. If you are under a joint custody plan, he probably is allowed to have input, but the parenting plan should indicate who has the final say in these decisions, or lacking that, set up a procedure, such as mediation or arbitration, for resolving such issues when there is not a consensus. You should also bear in mind that as children get into their teens they have increasing input in such decisions, and once they reach 16, can typically get a court to change custody assuming both parents are considered fit. Perhaps you can get your ex to agree to discuss these issues, either one on one or with a mediator or counselor. This would be better than having to litigate over a petition to change custody, school, etc.

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Answered on 1/07/16, 8:28 am


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