Ask Me Help Desk - 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.

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.

Quote:

Originally Posted by jessebo69

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.

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,?

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.

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.

Quote:

Originally Posted by traceyrco

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."