Michigan Case Law has ruled on both sides if a parent may change schools of a child when the parents share joint legal custody.  One thing however is clear when the parties share joint LEGAL custody, when the parties do not agree on the change of schools, the Judge will decide in the end (or appeals courts).

 

This does not apply when the parent that desires the change has sole LEGAL custody.  There however is still the issue of how far the move can be.

The best advice when there is a desire to move or change schools, or you become aware of the former spouse wanting to move or change schools, do not wait until the last moment when a parent desires to move or change schools.  Talk to an attorney as soon as you THINK you may want to move or change schools or become aware of the other parties desire to see what you can and can’t do.

We have seen cases where one parent has physical custody and share joint legal custody, moves with their new spouse and is forced to return their child to the first state.

Just because a parent has sole PHYSICAL custody, they should not think that they can just change schools or move.

This is not to say there is not hope in your case.  We have stop the change of schools and have also been able to change joint physical custody to sole custody and have the court to allow the move.  Sometimes it takes time to put a plan in place, and that is why you should talk to one of our attorneys