Are schools in California required to get the permission of the noncustodial parent to enroll a child in school?

Asked about 1 year ago - Smithtown, NY

My ex wife who has physical custody, has moved herself and our child to California, without neither obtaining my consent, nor obtaining the court's permission to do so. We have in our custody agreement, that is so ordered, a provision to this fact. She has, without my consent enrolled our child in a private school. Can the school accept enrollment without my consent?

Attorney answers (3)

  1. Louis Lawrence Sternberg

    Contributor Level 18


    Lawyers agree

    Answered . Although you are in New York, this is a question about California law. Please repost the question in the appropriate section.

    Best of luck.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more
  2. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . Repost your question on the California Avvo section.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Gary Burton Port


    Contributor Level 14


    Lawyers agree

    Answered . You are asking the wrong question. The question is: She kidnapped my kids and what can I do? Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), if the child has been in a state for six months or more, then that state has jurisdiction. If your kids have been in CA for less then 6 month, you need to hire an attorney ASAP and file a petition for habeous corpus. Most judges will issue an order demanding that she return to NY with the children. Then you are are in good position to actually get custody. If more than six months have elapsed, then you need to enforce your rights in CA. Again, if less then 6 months have elapsed, run do not walk to an attorney. Look at my website,, where I have several articles on "relocation" cases. Do assume that the mother can treat the kids like luggage: pack them up and take them wherever she wants. You have rights, don't sit on them.

Related Topics

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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