I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?

Question: I  am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can I submit this request with my motion to inform the school of the change in school?

Answer: If you have legal and physical custody then you don’t need to seek an order of the court to change the children’s schools.

If you want to modify the visitation schedule then you do need to file a motion which is called a Request for Orders. If the change of school somehow impacts or interferes with the other parent’s ability to exercise his visitation/custodial time, you should file a Request for Order regarding modification of the existing visitation schedule to the extent that the change in school will impact the other parent’s current visitation schedule.

HOW TO FILE YOUR MOTION You need forms FL-300 Request for Orders and form FL-335 service by mail or FL-330 personal service. You’d check the box on the FL-300 “change” and the box visitation. You would need to fill out the form. You’d check box 2b and write in your new visitation schedule. 2c you’d state why it’s in the best interest of the kids to change the order. You would include the present visitation order in section 2d2. File it with the court. It costs $60 to file a motion unless you already have a judgment (ie your paternity case or divorce case is over and you have a final judgment) in which case it costs $80. Once you have the court stamped copy you mail serve or personally serve the motion. You would then file form FL-335 mail service or form FL-330 personal service.

IF YOU HAVE A JUDGMENT then you must include form FL-334 which tells the court that you confirmed your ex’s address. If all this seems too much you can hire a lawyer to ghost write your motion but not appear as your attorney of record. It’s cheaper than hiring a lawyer to go to court and I think you can handle the hearing without one.

Galen Gentry assists clients in Los Angeles and Southern California with divorce issues and explains the person’s rights and obligations in a divorce. Mr. Gentry has 30 years of experience and can help people to protect their interests. Call at (310) 282-7521 or contact us online by using the Orange form on the right of your screen to schedule a free consultation.