Can I Disenroll my Child from School Without the Other Parent’s Permission?

Can I Disenroll my Child from School Without the Other Parent’s Permission?

This was a good question from a concerned parents.

The circumstances are unknown. She posted the question on Avvo, wondering if she can remove her high school son from school without Dad’s permission. They both have joint custody of the child.

Perhaps, the child is being bullied; or maybe Mom has a better job offer and wants to relocate. Other times, a parent may find a better educational opportunity for the child and decide to change schools.

Here is my answer to the question above. Disenroll without other conservator’s consent?

It depends.

Educational rights.

The answer to Mom’s question depends on what their order or divorce decree stated, especially in the section on legal rights and duties. Does one parent have the exclusive right to enroll child? Joint custody is a broad term meaning they share some rights regarding education, health, and upbringing of the child. Mom needs to read her Divorce decree or the most recent Order. If any of the rights are subject to agreement or requires conferring with the other parent, then, yes, she needs his permission. Mom should talk to an attorney to make sure she won’t be violating an order and held in contempt by Dad.

The main thing to remember is that one parent may have the right to make the educational decisions while the other does not.

When in doubt, stick to your court Order or Decree.

If the case has never been in court and both parents have been winging it until now, then you should file a case. Have something in writing that dictates or guides you both on how to raise your child(ren). It is not enforceable until it is on paper and signed by the judge.

I hope that helps!

 

************************************************************************************************************************************************************************************

Ms. Aminu accepts cases in Harris county and nearby areas. Answers to questions are for general purposes only; they are not legal advice and do not establish an attorney-client relationship.

Call (832) 529-1255 for legal care.