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Can i send my son to my school district, even if the father does not want him to go and we share custody?

Albany, NY |

I share joint legal and physical custody with my son's father, It is time for my son to enter school in september, We can not agree on which district to send my son to mine or his, We have tried to battle in court for residential rights and my son's father even tried to get physical custody, but the judge refused to intervene and dissmissed all petitions. Now i don't know what to do my sons father won't answer or return any of my calls to discuss this issue, Is it ok for me to just send my son to my school district or will that violate the custody order, and if i do will my son's father have to bring him to school on his time?

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Attorney answers 3


There must be more to this as it is strange the court would allow a child to be on limbo. Is it perhaps that you all agreed to joint custody yet you continuously disagree and are running to court. You need to sit down with your attorney.

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.


Are you and his father divorced? If so, take a look at your divorce papers if you have them. There is often a provision stating which parent holds the final decision making authority for medical, religious, and educational matters in the event that both parents can't agree.

Without reading the actual custody order, it is difficult to comment on whether or not you would violated the order if you decide to change schools. If you were to enroll your son in the new school, and the other parent filed an action in family court challenging this decision, the judge will be mostly interested in the following factors when making his or her determination: Does the child primarily reside with you most of the time? Are there any court orders that already set forth your child's education plan or outline the parents' authority for educational decision making? Is there any provision in any of your court documents regarding what happens if the parents do not agree? Does the new school involve relocating your child to where visits with the other parent would be interrupted? AND most importantly, would enrollment in this new school be in the best interest of your child? You should discuss your specific facts in regard to each of these questions with an attorney who can assist you with your decision and advise you on the probability of family court ramifications.

The answer provided by attorney is for general informational purposes only and is based on limited information. This response to the posted question is NOT meant to take the place of specific, private legal advice from an attorney in person at a full consultation with full disclosure. This information creates neither an attorney-client relationship nor attorney-client privilege.


Even though you both share legal and physical custody it is usual for one parent to be designated the "residential" parent. That is the parent responsible for getting the child enrolled in school and the basis for deciding on the school district that the child will attent.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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