My Fiancé has a four year old, and with permission from her biological mother we moved about 50 miles away because my fiancé got a better job. She also said that she could go to school down where we are. To determine the new schedule we decided to met halfway to drop her off on thursdays and her mother argeed to bring her down the whole way every week on Mondays because she wanted an extra day with her. A month and a half has gone by and now the mother is getting tierd of driving so she is threating to take her out of school and moving her away to a different state. I know she cannot move her to another state but can she really take her out of school and have her go to school where she lives even she already agreed that she would go to school down with us? I need to know what law prohibits this if any so we can give her a copy. Please help! Thank You!

Joint custody is a touchy issue. Was the agreement to allow the child to go to school where you live verbal, or written? If it was just verbal a lot of it could be considered hersay... for example she could say she agreed to TRY it, and if it didn't work both parties agreed that the child would go back to school where the mother lives... just for an example.

In joint custody cases... all major decisions, such as school, need to be proposed and discussed between the parents... if a mutal decision cannot be made, the parents must take it to court and let them decide.

Just as she agreed to let the child go to school where you live, she could withdraw the child and place her in a school near her and say the father agreed... very very touchy.

Basically, the father needs to get this matter in court BEFORE the mother tries to do anything... but then you run the risk of losing joint custody (because of the move) and going to visitations because the child is in school now and obviously this arrangement cannot affect their schooling.

Is there anyway you both could arrange some of the transportation? So it's not up to the mother to do it all... then maybe things would work out better?