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School Attendance in NCP district

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What is the name of your state (only U.S. law)? VA

Can a child attend a school in the NCP's school district if both parents agree to that? If so, does that change the custody situation and how should that be addressed in the custody agreement?
 


Antigone*

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

Can a child attend a school in the NCP's school district if both parents agree to that? If so, does that change the custody situation and how should that be addressed in the custody agreement?
What does the school district say about this non-resident attending school in this district?
 

Ohiogal

Queen Bee
What does the court order state regarding custody of the child? And what does it state regarding school?
 

Antigone*

Senior Member
I haven't checked with them yet, but what would make a child a resident? If the child's name is on the apartment lease agreement, does that make them a resident?
A child cannot be on a lease agreement for the apartment. If the child were to live with NCP and become the CP, they would become a resident.
 

Zigner

Senior Member, Non-Attorney
A child cannot be on a lease agreement for the apartment. If the child were to live with NCP and become the CP, they would become a resident.
Well, the child could be listed as an additional/authorized occupant.
 

not2cleverRed

Obvious Observer
Hint: child does not reside with NCP. Otherwise the NCP would be the CP.

Putting the child on a lease agreement to try an misrepresent the child as living in the apartment can be considered fraud.
Whether the school district is strict on the subject could vary.

Local news here would indicate in some areas (CT) jail time could result:
http://www.stamfordadvocate.com/news/article/Mom-accused-of-stealing-education-pleads-guilty-3349999.php
 

LdiJ

Senior Member
There are some states (mine is one of them) that have enacted laws specifically stating that a child may attend school in either of their parent's school districts, regardless of where they primarily reside.

So, my first suggestion would be to see if your state has any such law. The school themselves would know it if your state does.
 

not2cleverRed

Obvious Observer
But, it could also be considered a requirement of the LL.
A LL might require the names of people who spend more than a certain amount of time there be on the lease, and do so for a variety of reasons.

However, using the lease to show residency when the child is not can be viewed as fraud.

Some districts actually do check up to see if a child really lives at their "address" on school registration.

Many districts also require a copy of the divorce decree/custody papers be on file.
 

Zigner

Senior Member, Non-Attorney
A LL might require the names of people who spend more than a certain amount of time there be on the lease, and do so for a variety of reasons.

However, using the lease to show residency when the child is not can be viewed as fraud.

Some districts actually do check up to see if a child really lives at their "address" on school registration.

Many districts also require a copy of the divorce decree/custody papers be on file.
And, as the OP has been told (several times) - ask the SCHOOL, and then proceed based on their answer.
 

CJane

Senior Member
My district allows the children to attend as long as one parent lives in the district - regardless of custody situation - or one parent works for the district.

Zigner's right. Of course.
 
Thank you for all of the answers. There's no custody agreement at this time; I am actually asking the question getting ready to sign a custody agreement. The NCP is concerned that our child would not be able to attend a school in his district if my school district is less desirable and I am the CP.
 

Zigner

Senior Member, Non-Attorney
ASK THE SCHOOL / DISTRICT!


(sorry for yelling, I just figured I was being drowned out by the wind or something)
 

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