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My son's grandparents paid his tuition but I want him in a different school and they won't let me pull his enrollment. What can

Niagara Falls, NY |

For the last 2 years my son has gone to a private school and his grandparents have paid his tuition. I don't want him going to this school. I don't have a car, the school doesn't bus, and it is much too far to walk so I'd only have him weekends, the rest of the time he'd be with his father so in reality with them. I have residential custody but have no problems with him spending as much time with his dad as he wants. I'd like him with me because his youngest brother died a few months ago and its hard for me to be away from my other children. His grandparents are fighting me on putting him into a school closer to home and I'm feeling forced into complying. What can I do? Will I owe them the nonrefundable tuition if I put him in a school of my choice?

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Attorney answers 3


You could go to court but if the school is in the best interest of the child he may go there.


If you have custody, then choice of school is yours.

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can the grandparents take any legal action against me? I am more than willing to make payments to them to replace lost tuition money


Dad and his parents have pulled a custodial freeze whereby they control education and therefore control your access. You are now the visiting parent.

Your decision is tough. Although you hurt inside about another child's death, you should be careful to disturb the continuity of the education of this child. I would err on the side of the child, not you.

Good luck.

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