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DH took action

Posted by on Mar. 22, 2014 at 6:17 AM
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My DH met with his lawyer this week regarding BM wanting to change ss's school next year to a school zoned for her address. DH has used his address the past three years bc BM moves around so often (9times in 4 yrs) bm is listed as PRP but educational matters and any other major decisions are to be decided jointly. BM just thought she could tell DH she was changing his school and there was nothing he could do about it bc she was PRP. But she was wrong! A little letter should be arriving to her address sometime soon stating she is unable to solely make the decision of changing ss's school without dh's approval or taking it to court and letting the judge decide. The letter is also going to state that we will be taking a cruise at the end of may which she told DH he couldnt take the kids on a cruise bc she wouldn't allow it. Lawyer said if it's his time he can do whatever he wants with them he only has to give her a 14 day notice and where we will be going. Finally gonna burst that "I'm mommy and what I say goes" bubble. Lawyer said she is labeled PRP solely for child support purposes and that it does not give her the ability to have final decision making over anything or any other rights over DH. They either have to agree, go to mediation, or take it to court.
by on Mar. 22, 2014 at 6:17 AM
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whatIknownow
by Ruby Member on Mar. 22, 2014 at 10:12 AM
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I don't think the letter means anything. Your DH has to file a motion if he wants to take legal action. A letter is not legal action. She can just ignore the letter.

Shannonb88
by Bronze Member on Mar. 22, 2014 at 11:05 AM
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I thinks she's saying the letter is just reminding her of dads rights, that are already in place.

Quoting whatIknownow:

I don't think the letter means anything. Your DH has to file a motion if he wants to take legal action. A letter is not legal action. She can just ignore the letter.

pdxmum
by Ruby Member on Mar. 22, 2014 at 11:21 AM
5 moms liked this

I think the letter is the appropriate first start.  Nxt step is legal action, but the letter reminds BM what is true from a legal perspective.

ladybugchick317
by Charity on Mar. 22, 2014 at 11:23 AM

 Good for DH

momof2ex1
by Ruby Member on Mar. 22, 2014 at 11:39 AM
3 moms liked this
This is why I think residential parents should have exclusive decision making regarding education. It just becomes a tug of war. There is no tie breaker unless it goes back to court over and over which is just ridiculous.
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leegirl_jm
by Ruby Member on Mar. 22, 2014 at 12:07 PM

I disagree, parents with sole legal custody have that right, so if a parent with primary residential custody wants that they should request sole decision making at the time of the original order, I am sure many do but the judge rules otherwise. Some children have two competent parents who should have equal input in all important decisions, and they don't have to agree on everything.

Quoting momof2ex1: This is why I think residential parents should have exclusive decision making regarding education. It just becomes a tug of war. There is no tie breaker unless it goes back to court over and over which is just ridiculous.


Career Woman, Wife and Mother of Two Children, a Girl and a Boy.

cdrainey3
by Cher on Mar. 22, 2014 at 12:11 PM
1 mom liked this
We had our lawyer send a letter letting her know my dh's rights. It definitely helped. Of course she can still try with holding the children and court would be the next step, but a letter is a good first start. Good for your dh! More dads need to stand up like that.
momof2ex1
by Ruby Member on Mar. 22, 2014 at 2:23 PM
I don't mind you disagreeing with me. I just don't share the same opinion. And that's ok!!

Quoting leegirl_jm:

I disagree, parents with sole legal custody have that right, so if a parent with primary residential custody wants that they should request sole decision making at the time of the original order, I am sure many do but the judge rules otherwise. Some children have two competent parents who should have equal input in all important decisions, and they don't have to agree on everything.

Quoting momof2ex1: This is why I think residential parents should have exclusive decision making regarding education. It just becomes a tug of war. There is no tie breaker unless it goes back to court over and over which is just ridiculous.

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jncstepmomof3
by Member on Mar. 22, 2014 at 5:01 PM
We know it doesn't do anything but let her know dh's rights and that she can't just make major decisions without dh's input and agreement and if she does then legal action will be taken and it will look bad on her part bc she knew she was in the wrong when she ignored the letter.

Quoting whatIknownow:

I don't think the letter means anything. Your DH has to file a motion if he wants to take legal action. A letter is not legal action. She can just ignore the letter.

GlockMom
by Platinum Member on Mar. 24, 2014 at 10:06 AM

Where does the child live as far as school nights?  What is the custody split?  Why would the child NOT go to the school that the PRP was zoned for?

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