Question asked on Aug 08th, 2017

Q: Me and my ex have 50/50 legal and physical custody for my son however she only has him Mondays and Tuesdays and I have him Wednesdays, Thursdays and Fridays. She recently told me she can no longer take my son to the school he is currently at. ( he’s being there for a year going this year to 1st grade) due to her job schedule and other son going to a different time. She said that I have the option to picking him up at her house each Monday and Tuesday before she leaves to work or changing him to another school close to her house. if I don’t do it then she said she will send me to court and they will make me do it. Her school has a lower rating than the one he is currently at, also my son was diagnostic with Autism spectrum and his current school has being working on him already with an IEP program. They do have a before and after school safekey program so she can dropping him off early. what options do I have? can the court make me pick up my son on her days that she is responsible?

A: Your options would appear to be: to work with your spouse to find someone who can bring the child to school on time every day; to alter the custody schedule so you provide daily transport to school, by modifying the schedule so that you have all school days or otherwise; or to alter the child’s school.  The first option requires some coordination and cooperation between you and your ex.  The others will probably require a trip back to court unless the two of you can stipulate to a revised schedule.  You could use the assistance of a knowledgeable family law specialist.

Marshal S. Willick
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