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victmich

Member
What is the name of your state? TX

As most of you who have read my recent threads know my daughter has been expressing an interest in moving in with me. Of course it will be over her dad's dead body from what I have heard. God forbid he actually speak to me. In the meantime there has been 4 instances in which the SM recently has been mentioning to me about my daughter attending a prep academy in the fall. I don't know much info about this school as they don't have a working website, but I am researching it as much as I can.

I have written down several questions and concerns regarding this decision and have of course been waiting for my ex to bring it up but still have heard nothing. The idea of this academy is to go to school 3 days a week (college style) and I guess to spend the other 2 days at home with the SM in a continued effort to undermine me.

The divorce decree reads as follows concerning education:

On one page it states: "It is further ordered and decreed that the Petitioner & Respondent shall at all times each have the duty to inform the other parent in a timely manner of significant information concerning the health, education and welfare of the child."

Next page states: "It is further ordered and decreed that the Petitioner & Respondent shall at all times each have the following rights:
1. to receive information from the other concerning the health, education and welfare of the child and
2. to confer with the other to the extent possible before making a decision concerning the health, education and welfare of the child."

Next page states: "It is futher ordered and decreed that (insert ex's name) shall have the exclusive right to establish the primary physical residence and domicile of the child and the school which the child attends."

Next page states: "It is further ordered that the Petitioner & Respondent, as Joint Managing Consevators, shall also each have the following rights:
The right to make decisions concerning the child's education."

Sorry, this is much longer than I anticipated, but following are some of my questions:

1. Are the above excerpts from my divorce decree contradictory? And if so, how do I fix this?

2. My daughter will not be 12 and able to sign an affidavit until November, so short of her father agreeing it would be a custody battle if I tried to get her here before school starts right? I know it would still be a battle after, just she will be able to sign the paper by then.

3. Not quite sure if I am against this school or not at this point but if she indeed has to enroll there for the fall what are my options based on the divorce decree?

4. In the one excerpt what does "confer to the extent possible" really mean?

5. I have thought about sending a letter to him regarding both her wanting to move in with me and this possible school situation. Any ideas as to how to handle that and not put him on the defensive right away? It's kinda hard in my situation because I think that SM makes all of the family decisions over there anyway and would not like "her" daughter being taken away.

6. What else can I do if my ex won't listen to our daughter or to me?

I am so sorry for the extreme length of this thread, but anyone who can help I would so appreciate it.
 


stealth2

Under the Radar Member
You realize that it would be a custody battle if Dad doesn't agree even WHEN she files the affadavit? It is not incumbent on the court to abide by her wishes.

And as best as I can see.... Only
Next page states: "It is further ordered that the Petitioner & Respondent, as Joint Managing Consevators, shall also each have the following rights:
The right to make decisions concerning the child's education."

contradicts the other provisions. And there are enough of them that Dad will likely be permitted to make this decision unless you can show that it would be detrimental to the child.
 

victmich

Member
stealth2 said:
You realize that it would be a custody battle if Dad doesn't agree even WHEN she files the affadavit? It is not incumbent on the court to abide by her wishes.

Yes I do realize that it will be a battle anyway it goes......anyone else have any ideas or suggestions?
 
Sorry, I really do not have any answers for you, but I thought that I would give you a bump......You sounded like you could use it....:)
 

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