Child Enrollment Across States

Ask Your Question For Free

Summary

If you have joint custody and the child has been living with you, enrolling the child in a different state without your consent may violate the custody agreement. Consult a Family Law attorney in California to discuss your options, which may include filing a motion to enforce your custody rights. Schools must allow immediate enrollment under the McKinney-Vento Act, but legal custody issues should be addressed promptly.

Full Conversation

Child home state is California
Under the McKinney-Vento Act:
- The child can attend school in either the state they currently reside or the state they were last enrolled.
- Schools must allow immediate enrollment even if records are not present.
Could you tell me the other state involved for more specific advice?
mother is trying to enroll child in North Carolina
Under North Carolina law, the child can be enrolled by the mother if they are living in the state. Schools should not deny enrollment for lack of documents. Please confirm if the child is residing in North Carolina.
Child was only suppose to be there for visit and mother decided to keep her
If the mother does not have legal custody and has unlawfully kept the child in North Carolina, you may need to involve law enforcement or take legal action in California. Please consult with a Family Law attorney in California for further advice.
Child’s home town is California
Do you have legal custody of the child in California? Depending on your custody rights, you may need to take legal action to ensure the child is returned to California. Please consult a family law attorney for further advice.
We have a joint custody and I’m secondary child has been living with me for 2 years
It seems that you're dealing with a complicated situation. If you have joint custody and the child has been primarily living with you, it might be considered a violation of the custody agreement for the mother to enroll the child in school in North Carolina without your agreement. Here's what you can do:
- Contact a Family Law attorney in California to discuss the situation.
- You may need to file a motion with the court to enforce your custody rights.
Please note, this is general advice and you should consult with a lawyer for your situation.