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Relationship Discussion (non-explicit)
Reply to "If DH just informed wants divorce…"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]No he's not legally entitled to enroll them in another state. Their home remains with the OP and in her state. If he claimed otherwise he would be committing fraud upon that school district.[/quote] Dude, illegals show up at schools insider spring every week of the year and havent enrolled there properly nor unenrolled in their homeland. No one bats an eye. Maybe the guy went online and already unenrolled his kids for next year. [/quote] Kids primary residency is established by where they permanently lived and were attending school. The marital home. And schools would request mother consent to enrollment . He can’t “establish” a new residency because he just wants it to be a different state. No. OP needs to file and indicate where the kids current residency is . Also a good idea would be contacting all schools in a country where husband intends to live and inform the schools that mother consent wasn’t given. [/quote] Kids are enrolled in school by one parent all the time. Kids who are enrolled in school, get enrolled in another school all the time. The unenrollment happens when the new school requests records from the old school. He has 100% rights until there is a court order that changes that. He's not going to file for a court order that takes away his custody and rights, so if OP wants to limit those right, she needs to file[/quote] Of course when that parent has a sole custody they can enroll. But as a general matter both parents should sign the enrollment forms . I dealt with similar cases. OP does need to file go re divorce and this will confirm legally the current status quo with kids permanent residency /marital home [/quote] Do you work at a public school? The vast majority of times one parent comes in and fills out the forms. [/quote] Yes both public and private now ask for both parents. If they don’t - OP should notify the schools in that other state/country asap . That’s the purpose of reaching out while it’s all being resolved [/quote] DH NEVER signed anything in DCPS. [/quote] Since you said "DH" I assume you were married and shared a household. You did provide them with his info no doubt and it was same address as yours and the kids. Probably a different outcome of you had told them he was living in a different state and you were separated. They probably would have asked for a copy of the custody order. The schools do want to be involved in the petty squabbles of divorcing parents who can't get along with each other. Too much liability That's what's going to happen if ops husband tries to enroll the kids in a different state.[/quote] What kind of ex husband is going to volunteer that information? He can just enroll them in school with his new address and omit DW's info altogether. He doesn't need to say "in the process of divorce" at the time of enrollment. And if he doesn't want the prior school notified, he can easily write "homeschooled" on the form. [/quote] And such lying and fraud will cost him custody altogether when found in discovery. The default rule is the kids' permanent residency is where they lived with parents (marital home) for 6 months preceding separation. There is plentiful evidence - e.g. kids went to school, attended after school classes, ate and slept at the marital home [/quote] It's not fraudulent to claim you live somewhere that you actually live and enroll your kids in school there. Six months has nothing to do with where you're allowed to enroll your kids in school. The judge may not like it if you move away and lie about your intent to come back, but there's no fraud. [/quote] You suggested to omit his separated status and the kids mother on application. Absolutely all educational and after school establishments ask for both parents names and contacts as well as marital status in the enrollment forms. [/quote] As both a single parent with 100% custody, and as a school administrator, I've never seen a form that asks for marital status, or a school or camp that blinks if I just leave "parent 2" blank. [/quote] You would lie if you left parent 2 blank. because kids do have a parent. And that could cost you custody because there will be discovery process when schools will submit the paperwork for lawyers at court order[/quote] Families can look different. Some have one parent, some have a grandparent or two. Our school had contact 1, contact 2, contact 3. That’s it. It needs to be someone who is familiar with the child and available. [/quote]
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