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« Divorce Wars & Invasion of Privacy | Main | Domestic abuse | Protecting yourself »


Jeanne M Hannah

Lanli, as I wrote in the post above, it's really difficult to get this changed later. It sounds as though you are still in the temporary order phase, though.

Can you find a free legal clinic somewhere? You need to have a lawyer help you with this problem.


I am filing the divorce now and the friend of court recommend the joint legal custody and physical custody to me. the problem is I am not America citizen. If I can not get the legal status in America in one year, such as job visa, I have to back to my country. since I trust I have no way to communicate with my husband very well, it will be a big trouble if I want to take my baby to my country. I was abused by my husband, so I filed PPO. Can i appeal to get the sole legal custody based on my special case?

Jeanne M Hannah

Do you carry a copy of your custody order with you? It may help if you can show them the court order.

However, to put a stop to your husband's nonsense, I suggest that you continue to ask for a police officer and get them to make a written report, get an incident number, get a copy of the report, and then file a motion to show cause your husband for contempt of court. It should not take too many show causes to bring him into line. Jeanne M. Hannah


My ex-husband and I share joint physical and joint legal custody of our two daughters. Several times, he has refused to allow me to pick the girls up when my parenting time should begin. I have been told by police officers every time, that they cannot help me pick the girls up, because I'm not the custodial parent. When I point out that there is not custodial parent, or rather, that we are both the custodial parents, they insist that they cannot help in my situation. This is maddening. What legal recourse do I have?

Jeanne M Hannah

Hello Dave,

I don't have any legal authority to give you. However, it is logical to assume that the children will change schools. The specific authority you have is that the custody provisions in your judgment allow the move. If your ex-wife filed a motion to challenge your transfer of the children to a different school, I do not believe she could succeed in (a) getting the court to order you to leave them in the same school system because of the transportation difficulties or (b) making you pay "tuition" in order to get the old school system to let them attend.

Of course, if the schools in the area where you have moved are vastly inferior to those the children were in previously, that might make a difference.


Question - I have been divorced for almost 3 years. My wife and I share joint physical and legal custody. However, I am the primary custodial parent. My ex-wife has 9 overnights a month. I was awarded our marital home. I am now remarried and my new wife and I moved with the kids. My divorce decree allows my ex wife and I to move as long as we stay within a 25 mile radius of our marital home. My new house is within the 25 mile radius. Obviously this means that the kids will be attending schools in a new school district. If my divorce decree allows me to move up to 25 miles away from the marital home of my ex and I can I assume as the primary custodial parent that the kids will attend schools in the new school district? Are there any case laws to validate my argument?


Really great site with alot of good information!! Keep up the good work!!!!

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