Saturday, February 15, 2014

Temporary Custody/ Enrolling Child in School

Q:  I have Temporary Custody of my 3 year old son, he is eligible to enter Pre-K in Sept. His mother is determined to have him attend school down the block from her. Whereas I want him to attend school closer to me, the difference is 1 hour in travel time for me. Since I have temporary residential custody, do I go about as I have perm custody and place him in a school closer to me?? . I’ve tried to negotiate with mother on placing him in a school equally distanced from both, but she denied and wants him down the block from her.

A:  David's Answer: If you have an order giving you temporary custody, then such decisions are yours to make, unless the order also provides for the two of you to have joint custody. If you're unsure, it's best to consult a Family Law attorney. Either way, given that you have a contested custody case, you're best advised to schedule a consultation with a NYC Child Custody attorney.    -- David Bliven, Bronx Child Custody attorney (

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