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Caregivers and school district

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gtr2009

Junior Member
What is the name of your state (only U.S. law)? California

My parents will be the caregivers for my son. My son will enroll into the school district that my parents reside in. We, the parents, live in a different city/county. We signed the caregiver's authorization affidavit (FAMILY.CODE SECTION 6550-6552) which will place my son into the care of my parents and he will attend school in the district. My son will live with parents during the weekdays. We provided supporting documents to register at my son's school. The school accepted my son's registration.

The question is, under the caregiver's authorization affidavit, is my son allowed to spend the weekend with his parents? There may be occasions in which my son will spend 1 or 2 weeknights in our house as well.

However, there is no doubt in this situation in which my parents are the primary caretakers, and will be caring for my son more than 75% of the time while school is in session.

Thanks
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

My parents will be the caregivers for my son. My son will enroll into the school district that my parents reside in. We, the parents, live in a different city/county. We signed the caregiver's authorization affidavit (FAMILY.CODE SECTION 6550-6552) which will place my son into the care of my parents and he will attend school in the district. My son will live with parents during the weekdays. We provided supporting documents to register at my son's school. The school accepted my son's registration.

The question is, under the caregiver's authorization affidavit, is my son allowed to spend the weekend with his parents? There may be occasions in which my son will spend 1 or 2 weeknights in our house as well.

However, there is no doubt in this situation in which my parents are the primary caretakers, and will be caring for my son more than 75% of the time while school is in session.

Thanks
Of course he is allowed to spend weekends with his parents...and the occasional weekday overnight too...and all summer, all holidays etc.
 

gtr2009

Junior Member
Of course he is allowed to spend weekends with his parents...and the occasional weekday overnight too...and all summer, all holidays etc.
Thanks for the quick reply! I just want to make sure and not get into trouble.
Initially school had said that my son needs to be in my parent's house "24x7". But that doesn't seem realistic and exceeds the definition of the primary caregiver.
 

LdiJ

Senior Member
Thanks for the quick reply! I just want to make sure and not get into trouble.
Initially school had said that my son needs to be in my parent's house "24x7". But that doesn't seem realistic and exceeds the definition of the primary caregiver.
What the school wants to be certain of is that the child really is primarily living with your parents...and that you are not simply pretending that he is living there in order to be able to enroll the child in that school district.
 

Just Blue

Senior Member
Thanks for the quick reply! I just want to make sure and not get into trouble.
Initially school had said that my son needs to be in my parent's house "24x7". But that doesn't seem realistic and exceeds the definition of the primary caregiver.
Are you placing you child with the GP's just for school? If so...Why not move to that district and aviod the mess?
 

gtr2009

Junior Member
What the school wants to be certain of is that the child really is primarily living with your parents...and that you are not simply pretending that he is living there in order to be able to enroll the child in that school district.
Thanks for the feedback. I wonder if there is a legal definition of "primary" in this case.
 

gtr2009

Junior Member
Are you placing you child with the GP's just for school? If so...Why not move to that district and aviod the mess?
Current work situation doesn't allow us to move into my parent's district, which is like 30 miles away. Plus, housing in that district is super expensive and hence, good schools. But the primary reason of doing this is that my parents have retired and have more time, and thus it would be more convenient for my parents to provide care to my son if he is going to school closer by.
 

Just Blue

Senior Member
Current work situation doesn't allow us to move into my parent's district, which is like 30 miles away. Plus, housing in that district is super expensive and hence, good schools. But the primary reason of doing this is that my parents have retired and have more time, and thus it would be more convenient for my parents to provide care to my son if he is going to school closer by.
I think you will really hate that you did this...You are giving them a primary care status. You could lose your rights to your child.
 

gtr2009

Junior Member
I think you will really hate that you did this...You are giving them a primary care status. You could lose your rights to your child.
Not really sure what we will be loosing as my parents have no intention to take away our parental rights. All we signed is an affidavit of residence, rather than granting guardianship.
 

I'mTheFather

Senior Member
I think you should ask the school district. You can do so anonymously. The intent of the affidavit is not to provide an alternate school district, nor to provide a convenience to parents, from what I've read. In fact, some districts require a financial disclosure that supports the parents' placement of the child with the caregiver.

If you have your child on weekends and 2 nights during the week, then they are not the primary caregivers since they will not have care of him 50% of the time.
 

LdiJ

Senior Member
Current work situation doesn't allow us to move into my parent's district, which is like 30 miles away. Plus, housing in that district is super expensive and hence, good schools. But the primary reason of doing this is that my parents have retired and have more time, and thus it would be more convenient for my parents to provide care to my son if he is going to school closer by.
Are the schools in the grandparent's district REALLY that much better that its worth the child not primarily living with his parents? Whose idea was this in the first place, yours, or the grandparents?
 

stealth2

Under the Radar Member
Not really sure what we will be loosing as my parents have no intention to take away our parental rights. All we signed is an affidavit of residence, rather than granting guardianship.
Said every parent who has posted a similar situation resulting in the GPs refusing to return the child.
 

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