Ask Experts Questions for FREE Help !
Ask
    jessebo69's Avatar
    jessebo69 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 3, 2008, 02:55 PM
    Non Custodial parent seeks enrollment for child
    I divored my ex-wife 10 years ago. I gave her custody of our 2 children. My oldest is now 19 and married and my youngest is 16. Today her mother withdrew her from her school so she could come live with me in another county, but the school in my district will not enroll her because I am not the custodial parent. I only have 5 days according to Alabama rules before the school can refuse enrollment. I need a quick action to get her enrolled ASAP. What should I do? I have contacted a local lawyer be he has yet to return my phone calls.
    JazzyJx2's Avatar
    JazzyJx2 Posts: 8, Reputation: 2
    New Member
     
    #2

    Oct 3, 2008, 03:16 PM

    By law we are obligated to educate our children. Your ex should have communicated her intentions with you before disrupting your daughters educational routine.

    To gain recognition as the custodial parent 'quicker,' you my file an 'injunction' at your local clerks office (attorneys are handy but your clerk's office knows and will tell you the process of "filing" anything)... keep your daughter in her school she is/was in, you will get a court date to appoint you as custodial 'parent', and all that comes with it.

    Beforehand, I would speak to her current/former school administration, explain the circumstances, and following their recommondations (letting her come back, ad- interim) in my opinion is probably a good idea. Our children are not totally "ours" where the law is concerned, and their jurisdiction over them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Oct 3, 2008, 05:02 PM
    Quote Originally Posted by jessebo69 View Post
    I divored my ex-wife 10 years ago. I gave her custody of our 2 children. My oldest is now 19 and married and my youngest is 16. Today her mother withdrew her from her school so she could come live with me in another county, but the school in my district will not enroll her because I am not the custodial parent. I only have 5 days according to Alabama rules before the school can refuse enrollment. I need a quick action to get her enrolled ASAP. What should I do? I have contacted a local lawyer be he has yet to return my phone calls.

    Go back to the Court that awarded your wife physical custody and ask for an expedited hearing. Explain that without a new Order you cannot enroll her in school.

    In NYS your ex-wife could sign temporary physical custody over to you by means of a very simple document and that is sufficient to enroll your daughter in school. I do not know if Alabama works the same way.

    What does the school district advise?

    Advise the "new" school of your request and furnish it with a copy of the papers if you move for a new Order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Oct 3, 2008, 05:34 PM

    I guess my one question is why or how do they know you are not the custodial parent, you go in and say I want to enroll my child,?
    traceyrco's Avatar
    traceyrco Posts: 62, Reputation: -5
    -
     
    #5

    Oct 3, 2008, 08:30 PM

    OMG - I knew a gal whose husband's new wife got birth certificates from a state I won't mention with her listed as the mother of the kids. She was then able to do whatever she wanted with the kids and when the real mother called that state about the false birth certificates - the records division said they couldn't check on everything. CRAZY!

    Fr. Chuck has an idea - except it's spoiled now - try what Judy suggested.

    In TX the attorney general will help you too - but they can be slow as turtles in winter.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Oct 4, 2008, 08:46 AM

    Go to the " old " school your child was attending and get the records. If you have " joint legal " custody then they can't refuse you. You can hand over the child's records and register the child for school in your area. If they don't like that then let them get sued over it. Joint legal allows both parents specific rights including registering for school.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #7

    Oct 6, 2008, 01:26 PM
    Quote Originally Posted by traceyrco View Post
    OMG - I knew a gal whose husband's new wife got birth certificates from a state I won't mention with her listed as the mother of the kids. She was then able to do whatever she wanted with the kids and when the real mother called that state about the false birth certificates - the records division said they couldn't check on everything. CRAZY!!

    Fr. Chuck has an idea - except it's spoiled now - try what Judy suggested.

    In TX the attorney general will help you too - but they can be slow as turtles in winter.
    Your stories might hold a little more water if they weren't so full of gaping holes. A state changing the mother's name? Are you joking? You can't change the woman that the baby came out of.

    And as always, your legal advice is incorrect. The attorney general has nothing to do with this... and no, that's not "how it's done in Texas."

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Non custodial parent rights in death of a child he pays support for [ 5 Answers ]

Friend who is non custodial parent - his daughter killed last night in car wreck in MD. What are his rights as to state of burial. Mother moves around. He pays child support to Lancaster, PA, where they did live. SHe wants child buried in SC where she is moving to.

Taking a child out of the country by a non-custodial parent [ 1 Answers ]

I am the primary custodial parent of a 21 month-old baby, and her father, who has visitation took her to Costa Rica on his family's private jet without getting written consent from me. I thought the law was either parent custodial and non-custodial parents have to get written consent before taking...

Rights of non custodial parent in a divorce wherein death occurred to custodial parent [ 2 Answers ]

Non custodial non US citizen parent (father) lives in Mexico. Custodial parent of two minor children (5 years old and 1 year old) is US citizen in Illinois. Divorce papers named father but set forth no requirements or terms for visitation, child support etc. There has been little if any contact...

Custodial Parent allows child to live with non custoial parent [ 8 Answers ]

Can the custodial parent allow a minor child to move in with the non custodial parent? Can this be done with out a court order, if both the custodial & non custodial parent agree on the conditions or do they need to file with the court?

Child support/custodial parent moves in with boyfriend [ 5 Answers ]

I just got ordered by court to pay $200 a week in child support for my one daughter. Now I find out from my 9 year old daughter that her mommy's boyfriend has been living with them and now are moving into other house. He is paying for everything. My question is can my child support be...


View more questions Search