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We have no court ordered child custody, does he have the right to enroll the kids into school without my permission?

Las Vegas, NV |

Three kids together, we were never married but things didn't work out. We live in seperate homes, he has a three bedroom apartment in which he just moved into. I unfortunately am living with my mom in a two bd apartment. He agreed verbally to enroll the kids close to where I live but when I told him to email me stating he had agreed, he had conditions. He wants the kids place of residency his address which puts the kids in a different school zone. I live in a 2bd with my mom. And he just moved into a three bedroom apt recently. What can I do. We have CMC on Tuesday.

Attorney Answers 3


  1. If you are married, you have equal rights. If you were not married, you have primary custody and the right to claim residency for school purposes until a court rules otherwise. Since you have a court date coming up quickly, you need to be sure to address this with the Judge and have the Judge decide which school they attend. Make sure you do your research as to which school is better.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.


  2. Apparently you are already before a court. If you haven't already, you should request a referral to the Family Mediation Center for mandatory mediation of the custody issues at the CMC. Absent a finding of unfitness, the courts generally award joint physical custody. If your living conditions are temporary, joint physical should be appropriate. School is a joint legal issue. You both now have joint legal custody of the kids. If public school, the courts generally let the parent with the majority of school days enroll in his/her zone. If equal sharing, the better school presented will control.


  3. The two previous answers are correct. It sounds like you are in court proceedings and are unrepresented. You should obtain an attorney to assist you with this. You can go to the Legal Aid Center of Southern Nevada and see if you qualify for a pro bono legal assistance. If you do not qualify you may be able to obtain an unbundled attorney.

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