My daughter who is 6 want to go to same school her brother go to but her mother lives in a different school zone.

Asked almost 2 years ago - Buffalo, NY

The problem is that the school wants me to show them proof of custody and residents. They are the only school in Cheektowaga, NY that does this. I am the father and I live in the Cleveland Hill School District of Erie county in Cheektowaga, NY. Is this legal

Attorney answers (2)

  1. Jay Charles Pletcher

    Contributor Level 2

    1

    Lawyer agrees

    Answered . The law presumes that the child lives in the District in which the custodial parent resides. The divorce decree governs physical custody. The only way to change this is to go to family court and have the custody agreement changed. If you have further questions, please call me at 716-362-1533.

    Regards - jay C Pletcher, esq

  2. Lawrence Allen Weinreich

    Contributor Level 18

    Answered . It is legal as the school only has to provide education for those students residing in the district. The only way around this would be to change the custody order.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

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

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