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Custodial rights for school enrollment

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nathannah2519

Junior Member
What is the name of your state (only U.S. law)? Ohio
My son is giving me major problems. I want him to go live with his father for a while to see if he can get him straightened out. He would have to switch schools to do that. I am the residential custodial parent. The school wants his father to have custodial rights to enroll him. It is only supposed to be until the end of the school year, so I don't want to have to completely give up my custodial rights. Is there any way to do it without me giving up my rights? How much is it going to cost to get this done--I don't have much money? Do we have to go to court?What is the name of your state (only U.S. law)?



Thank you
 


stealth2

Under the Radar Member
You don't get to have your cake and eat it too. If you believe living with Dad is what he needs, then do it the proper way - by giving him custody. If you don't? Then step up to the plate and figure out more effective ways to parent your wayward son.
 
What is the name of your state (only U.S. law)? Ohio
My son is giving me major problems. I want him to go live with his father for a while to see if he can get him straightened out. He would have to switch schools to do that. I am the residential custodial parent. The school wants his father to have custodial rights to enroll him. It is only supposed to be until the end of the school year, so I don't want to have to completely give up my custodial rights. Is there any way to do it without me giving up my rights? How much is it going to cost to get this done--I don't have much money? Do we have to go to court?What is the name of your state (only U.S. law)?



Thank you

I don't think a school can force you to do anything as far as custody arrangements. When I lived with my ex he had full custody of his son with the same problem(lots of problems and attitude). When the son went to live with the mother he could go to school in the mothers jurisdiction (we live in PA). They did not change any custody orders the son simply had a change of address. I do believe both parents may have signed school documents. Also, I do think dad had to sign docs giving mom authority to sign forms, make decisions so on.
 

nathannah2519

Junior Member
I don't think a school can force you to do anything as far as custody arrangements. When I lived with my ex he had full custody of his son with the same problem(lots of problems and attitude). When the son went to live with the mother he could go to school in the mothers jurisdiction (we live in PA). They did not change any custody orders the son simply had a change of address. I do believe both parents may have signed school documents. Also, I do think dad had to sign docs giving mom authority to sign forms, make decisions so on.

Thank you. I will do more checking into it. I really appreciate it.
 
Thank you. I will do more checking into it. I really appreciate it.
Good luck! Have you tried counseling? I know for me, there was a time when my ex-husband and I got along - so we went to counseling together on how to co-parent the children and certain situations. One of my children actually ended up going to counseling and once in a while dad or I would go. It all worked out great at the time. I can't say that currently:(

Best of luck to you!
 

nathannah2519

Junior Member
Good luck! Have you tried counseling? I know for me, there was a time when my ex-husband and I got along - so we went to counseling together on how to co-parent the children and certain situations. One of my children actually ended up going to counseling and once in a while dad or I would go. It all worked out great at the time. I can't say that currently:(

Best of luck to you!
We have done counseling. My son has many issues. He went after a knife to "kill" my daughter's father a couple of weeks ago. We got to him in time before he got ahold of the knife. No amount of counseling and/or medication has been helping. It is very frustrating. I have "stepped up". I have done everything that I can possibly think of. It isn't something I want to do, but it is something I feel I need to do. I just don't think it is right that they want me to give my rights away to be able to put him in their school. I will keep checking. I am trying to contact a lawyer with a free consultation. Good luck to you also.
 

mistoffolees

Senior Member
I don't think a school can force you to do anything as far as custody arrangements. When I lived with my ex he had full custody of his son with the same problem(lots of problems and attitude). When the son went to live with the mother he could go to school in the mothers jurisdiction (we live in PA). They did not change any custody orders the son simply had a change of address. I do believe both parents may have signed school documents. Also, I do think dad had to sign docs giving mom authority to sign forms, make decisions so on.
You are wrong. The school most certainly CAN require that the student be in the custody of someone within their district. Schools lose enormous amounts of money with parents having the kid staying (or, more often, PRETENDING to have the kid stay) with someone inside the district. Most districts (at least the better ones) don't let you play that game.
 
You are wrong. The school most certainly CAN require that the student be in the custody of someone within their district. Schools lose enormous amounts of money with parents having the kid staying (or, more often, PRETENDING to have the kid stay) with someone inside the district. Most districts (at least the better ones) don't let you play that game.

I understand the pretending thing - which is not what she's saying she wants to do. What I am saying is that if her and the father go to the school with the custody order and speak to them - they should be able to work it out. I may not be an attorney but I have seen the way I am suggesting work so I gave her my personal experience. Also, since I have 50/50 custody I have some experience myself with having to work with our school. They usually are willing as long as both parents are on the same page and are willing to sign documentation. Maybe they wont work with her but why tell this woman she has no chance at all when she might? If they don't have to go to court then why make either of them go - it's a long process and if she can get her son the help he needs right away then why not? Not every single thing must be done in court if parents are willing to work together.
 

mistoffolees

Senior Member
I understand the pretending thing - which is not what she's saying she wants to do. What I am saying is that if her and the father go to the school with the custody order and speak to them - they should be able to work it out. I may not be an attorney but I have seen the way I am suggesting work so I gave her my personal experience. Also, since I have 50/50 custody I have some experience myself with having to work with our school. They usually are willing as long as both parents are on the same page and are willing to sign documentation. Maybe they wont work with her but why tell this woman she has no chance at all when she might? If they don't have to go to court then why make either of them go - it's a long process and if she can get her son the help he needs right away then why not? Not every single thing must be done in court if parents are willing to work together.
Please stop giving advice. Even if you were able to get a school to agree in your case, that doesn't mean that OP will be able to. And your statement (that the school could not demand that the custodial parent reside in their district) is flat out, completely, totally, 100% wrong.

OP already checked with the school and the school says that Dad has to have custodial rights for the school to enroll the child. So even in OP's district, your statement is wrong.
 

CJane

Senior Member
We have done counseling. My son has many issues. He went after a knife to "kill" my daughter's father a couple of weeks ago. We got to him in time before he got ahold of the knife. No amount of counseling and/or medication has been helping. It is very frustrating. I have "stepped up". I have done everything that I can possibly think of. It isn't something I want to do, but it is something I feel I need to do. I just don't think it is right that they want me to give my rights away to be able to put him in their school. I will keep checking. I am trying to contact a lawyer with a free consultation. Good luck to you also.
Oh gawd. Dramatic much?

The school is NOT asking you to "give away" your RIGHTS. They're telling you that as part of their requirements for students attending school in their district, the parent whose address is being used must actually have residential custody of the child.

So, you and dad come to an agreement regarding residential custody, visitation, child support, etc, and you file it with the courts.

However, you cannot put an expiration date on it. And honestly, if child IS doing better with Dad - he should STAY with Dad. And if he's NOT doing better with Dad, then other options need explored. Playing boomerang with him isn't going to help.
 

stealth2

Under the Radar Member
I don't think a school can force you to do anything as far as custody arrangements. When I lived with my ex he had full custody of his son with the same problem(lots of problems and attitude). When the son went to live with the mother he could go to school in the mothers jurisdiction (we live in PA). They did not change any custody orders the son simply had a change of address. I do believe both parents may have signed school documents. Also, I do think dad had to sign docs giving mom authority to sign forms, make decisions so on.
I understand the pretending thing - which is not what she's saying she wants to do. What I am saying is that if her and the father go to the school with the custody order and speak to them - they should be able to work it out. I may not be an attorney but I have seen the way I am suggesting work so I gave her my personal experience. Also, since I have 50/50 custody I have some experience myself with having to work with our school. They usually are willing as long as both parents are on the same page and are willing to sign documentation. Maybe they wont work with her but why tell this woman she has no chance at all when she might? If they don't have to go to court then why make either of them go - it's a long process and if she can get her son the help he needs right away then why not? Not every single thing must be done in court if parents are willing to work together.
You are... wrong. W.R.O.N.G. Every school district has it's own requirements for enrollment and can refuse to enroll a child who does not legally live w/in their jurisdiction. Custody orders are proof that the child does live where the parents state s/he does. Some districts may not require it, while others will. OP's ex's district apparently does. But, I guess she likes your answer better than mine or misto's, so well done on causing her to waste her time and ignore her son's needs.
 

Antigone*

Senior Member
We have done counseling. My son has many issues. He went after a knife to "kill" my daughter's father a couple of weeks ago. We got to him in time before he got ahold of the knife. No amount of counseling and/or medication has been helping. It is very frustrating. I have "stepped up". I have done everything that I can possibly think of. It isn't something I want to do, but it is something I feel I need to do. I just don't think it is right that they want me to give my rights away to be able to put him in their school. I will keep checking. I am trying to contact a lawyer with a free consultation. Good luck to you also.
He tried to kill someone and all you are worried about is your rights:eek: Are you kidding:eek::eek:

I hope dad is ready to get his son into some intensive therapy, not just school.
 

tuffbrk

Senior Member
Oh gawd. Dramatic much?

The school is NOT asking you to "give away" your RIGHTS. They're telling you that as part of their requirements for students attending school in their district, the parent whose address is being used must actually have residential custody of the child.

So, you and dad come to an agreement regarding residential custody, visitation, child support, etc, and you file it with the courts.

However, you cannot put an expiration date on it. And honestly, if child IS doing better with Dad - he should STAY with Dad. And if he's NOT doing better with Dad, then other options need explored. Playing boomerang with him isn't going to help.
Ditto.

You will retain whatever legal custody % you now have. The only thing changing is your son's address. It's only sensible to then assign residential custody to Dad. He is going to be living with Dad so what's the big deal?

BTW - don't let yourself get caught up in the "good mom/bad mom- how could you let him live with Dad" routine that some family, friends, neighbors, teachers, etc. may throw out there. It's not about them, not about you. It's about the child living where his interests are best served at this time.
 

Silverplum

Senior Member
You are... wrong. W.R.O.N.G. Every school district has it's own requirements for enrollment and can refuse to enroll a child who does not legally live w/in their jurisdiction. Custody orders are proof that the child does live where the parents state s/he does. Some districts may not require it, while others will. OP's ex's district apparently does. But, I guess she likes your answer better than mine or misto's, so well done on causing her to waste her time and ignore her son's needs.
*applause*

Best explanation of what is wrong with a newbie posting without knowing the applicable laws, or even that there are applicable laws.
 

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