Advice?
Court ordered was granted in 2021 for my then 6yo, which was just really a custody agreement. We never took it to trial. I was a pushover back then & really just wanted more physical time so I agreed to some things I wouldn't have if it were now. At that time, we both lived in the same town. The other parent works at the school & wanted to make sure he would continue to go there, so I agreed that parent would have the say in school & would be labeled "residual" for school purposes. However, per the agreement, I would have our child every day besides every other weekend.
In 2024, I had to move about 45 min away for my job. Our son was thriving at his school and at the time it was more beneficial for transportation obviously since the other parent works at the school. So we started to not follow the order too much & did what worked for us. He stayed with the other parent for the school week & would come stay with me on weekends.
My now 11yo, is wanting to live with me. He has the opportunity to audition for a performing arts school near my house. Him & I have had conversations recently & that is his goal, to move with me & go to that school.
He recently brought this up to his other parent. (I told him I would talk to the other parent first...which didn't happen). From what he told me, after they wouldn't agree multiple times, they finally said he would be able to go. Then that parent tells our son that per the custody agreement, they will be the one enrolling him & in charge of it all (why are they telling him that?).
Nothing in our agreement says that parents HAS to be the one to enroll or be "in charge". It does say if we don't agree then that parent is who makes the final decision.
I don't find it beneficial for that parent to enroll & put their info on his enrollment, he would be living with me full time again, & they would be 45-1hr away from the school anyways. I'm not crazy for thinking that right?
My main question is, do you think I would have a high chance of modifying our agreement to simply state I could be residual for schooling purposes, especially since the agreement shows he is supposed to be living with me full time anyways?
Or does anyone feel like because of my job & the fact we pretty much made our own schedule during that time, that the judge may think negatively about changing anything?
Idk, anyone else been in a situation like this?