M husband and his exwife got divorced about 8 years ago. They have been living by their agreement since then. One part of their agreement st...

Question

M husband and his exwife got divorced about 8 years ago. They have been living by their agreement since then. One part of their agreement states that the kids will go to a specific private school until 5th grade and their mother will pay for all expenses. Then they will go to a public elementary and high school and if they can't decide which one my husband will decide. The first child started public middle school with some fighting with her but is successful there. Now that the sceond child is supposed to go there she is saying that since che wants to stay at the current school she should be able to. She is taking my husband to court to get this done. What are the chances that the court is going to go against an existing agreement because an 11 year old doesn't want to change schools. Her mother is constantly reinforcing how hard the change is going to be to her. The schools are right next to each other so she could still see her friends. We live in MD.

Answer

It is possible that the agreement could be set aside. In order for that to happen, several things would need to happen/be proven. Among these include: financial ability to continue at the school, specific needs analysis, best interest of the child, and detrimental effects of enforcing the agreement. You should discuss this with an attorney and seek representation.