Can my children's school pursue any legal action?

[ABP11260]

What is the name of your state (only U.S. law)? Nebraska/Iowa

My ex husband and I lived in the same town for quite a while then I started seeing someone. I moved in with him but he lives about 15 minutes away, which happens to be in a different state. My ex husband had no problem with this and we both agreed that we'd keep the kids in the same school. He lives in the school district and I worked in the same area. I didn't think it was a big deal but the school found out and told me that if it was the same state but a different town, it wouldn't be a big deal but since it was in a different state, that's when it becomes a problems. They wanted to know how often I had the kids versus their dad and said that if he had them more, it's not really an issue but if I had them more, "other options would need to be looked at". My ex husband and I have split custody of our kids, but unfortunately, I have them overnight during the week due to his work schedule, so we no longer have them exactly 50/50. Can the school really do anything about this? After all, their dad still lives in the district and I would think that as long as they're still getting to and from school, it shouldn't be that big a deal.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Nebraska/Iowa

My ex husband and I lived in the same town for quite a while then I started seeing someone. I moved in with him but he lives about 15 minutes away, which happens to be in a different state. My ex husband had no problem with this and we both agreed that we'd keep the kids in the same school. He lives in the school district and I worked in the same area. I didn't think it was a big deal but the school found out and told me that if it was the same state but a different town, it wouldn't be a big deal but since it was in a different state, that's when it becomes a problems. They wanted to know how often I had the kids versus their dad and said that if he had them more, it's not really an issue but if I had them more, "other options would need to be looked at". My ex husband and I have split custody of our kids, but unfortunately, I have them overnight during the week due to his work schedule, so we no longer have them exactly 50/50. Can the school really do anything about this? After all, their dad still lives in the district and I would think that as long as they're still getting to and from school, it shouldn't be that big a deal.

Yes. They can charge you tuition or pursue theft of services. How is the custody worded? Who is custodian for school purposes?

It is a big deal if you are primary custodian and dad is not. You need to be able to show that the children are supposed to be in that school district and that dad has the right to have them enrolled there.

 

[ABP11260]

Well, we had a very amicable divorce and our divorce decree states that we have joint legal and physical custody of our kids and both make the decision regarding school, medical needs, etc.

 

[Ohiogal]

Well, we had a very amicable divorce and our divorce decree states that we have joint legal and physical custody of our kids and both make the decision regarding school, medical needs, etc.

Well the school could pursue legal action. Google Kelly Bolar Williams. Schools have residency requirements.
What did it state about the children's schooling at the time of the divorce -- the children would attend from mom's residence? What address was written down on the records as their MAIN residence? Your address? If so you are facing issues.

 

[ABP11260]

Our decree doesn't state whether or not they would attend school based on where I was living or where their father was living. It's literally split right down the middle. It was definitely not your typical divorce. Their address though at the time is where their dad currently lives, which is in that school district.

 

[Ohiogal]

Our decree doesn't state whether or not they would attend school based on where I was living or where their father was living. It's literally split right down the middle. It was definitely not your typical divorce. Their address though at the time is where their dad currently lives, which is in that school district.

If that is the case then they should be able to go to the school district from dad's home.

 

[ABP11260]

That's kind of what I thought too. I figured that if I had full custody of them then it would definitely be a problem but since I don't and we have joint custody, I wasn't sure about everything. Their dad and I were also talking today about the situation and he said that because of the new schedule he'll have that starts in a couple of weeks, he we be able to have them more, so then the time spent with the kids would go back to almost be 50/50. Now, since he'll be working 6p-2a, I'll still have them overnight, but during the summer, he'll have them from about 7:30-6 everyday and then they'll just be spending the night with me. Weekends will be split up accordingly. Once school starts, he'll have to take them to school due to my work schedule and he'll be picking them up. From there, he'll have them until he goes to work at night. I'm not sure how the court system looks at hours and time at school and spent sleeping, but I could of sworn that they take all of that into consideration.

 

[I'mTheFather]

That's kind of what I thought too. I figured that if I had full custody of them then it would definitely be a problem but since I don't and we have joint custody, I wasn't sure about everything. Their dad and I were also talking today about the situation and he said that because of the new schedule he'll have that starts in a couple of weeks, he we be able to have them more, so then the time spent with the kids would go back to almost be 50/50. Now, since he'll be working 6p-2a, I'll still have them overnight, but during the summer, he'll have them from about 7:30-6 everyday and then they'll just be spending the night with me. Weekends will be split up accordingly. Once school starts, he'll have to take them to school due to my work schedule and he'll be picking them up. From there, he'll have them until he goes to work at night. I'm not sure how the court system looks at hours and time at school and spent sleeping, but I could of sworn that they take all of that into consideration.

If the school is located in Nebraska, you should be fine.

However, if it's in Iowa, then the children are considered residents if they sleep at their dad's during the week. School districts do investigate in situations like yours, which may mean waiting to see if you pick up the children every night. If possible, the children should spend some nights during the week at the dad's.

 

[ABP11260]

Well, the school and their dad are both in NE. I am in IA. They would be sleeping at my house during the week and their dad would keep them overnight sometimes on the weekends.

 

[I'mTheFather]

Well, the school and their dad are both in NE. I am in IA. They would be sleeping at my house during the week and their dad would keep them overnight sometimes on the weekends.

Then you should be fine. Nebraska statute requires only that one parent live in the district.

http://nebraskalegislature.gov/laws/statutes.php?statute=79-215

79-215. Students; admission; tuition; persons exempt; department; duties.
(1) Except as otherwise provided in this section, a student is a resident of the school district where he or she resides and shall be admitted to any such school district upon request without charge.

(2) A school board shall admit a student upon request without charge if at least one of the student's parents resides in the school district.

 

[ABP11260]

Oh my gosh, this is a great piece of information! Thank you, so much. I was really worrying about this and this eases my mind so much.

 

[tuffbrk]

What is the name of your state (only U.S. law)? Nebraska/Iowa

I didn't think it was a big deal but the school found out and told me that if it was the same state but a different town, it wouldn't be a big deal but since it was in a different state, that's when it becomes a problems. They wanted to know how often I had the kids versus their dad and said that if he had them more, it's not really an issue but if I had them more, "other options would need to be looked at".

I'm the Father posts the actual statute... and it says something completely different than what the administration is spouting. How odd is that?


(2) A school board shall admit a student upon request without charge if at least one of the student's parents resides in the school district.

 

[Ohiogal]

I'm the Father posts the actual statute... and it says something completely different than what the administration is spouting. How odd is that?


(2) A school board shall admit a student upon request without charge if at least one of the student's parents resides in the school district.

School administrators do NOT know the law a lot of times. They just say what they want it to be. Trust me. i have educated many a superintendent regarding the laws when it comes to custody. Usually by phone call after they break the law and I call explaining that they get ONE freebie before I drag them into court (and then I helpfully cite the statute and section that they broke).