i have joint custody with my twins father. But since they will be starting school this year i want them to go to school where i live since i live in a better school system. However their father doe not want to unbend on this issue. i really don't want to have to go throught the courts again, but i am really not seeing a way out of this.
Answer
In Ohio, if you have shared parenting, then one parent is named by the court as the residential parent for school placement purposes. But the hallmark of shared parenting decrees is that the parents have a relationship which is such that they can calmly and rationally discuss the big issues affecting their children and come to a mutually acceptable decision.
If the parties can no longer come to mutually acceptable decisions, then shared parenting may no longer be in the best interests of the children and thus no longer appropriate. The proper thing to do at that point is to petition the court for sole custody with visitation rights in the other parent.
If you get along in every other aspect of the decision making regarding the children but this one, it may be possible to petiition the court to change the shared parenting decree to reflect that you are the parent for school placement purposes. But either way, you would be best off to hire a lawyer to help you out with such things if your ex spouse cannot be made to see the light with regard to the schooling issue.
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