Dependency court and Parents education rights
1 attorney answer
I'm sure he wasn't "illegally" taken by the state, since the state is the one that makes the rules. You may not agree with their decision, but that doesn't make it illegal.
You'll have to review the custody order to see who has the final decision regarding school placement. My guess is that if the father has custody, then he probably has the final decision, but it could be different. You may want to consult with an attorney to review the order.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."