Legal Question in Education Law in Massachusetts

Picking a child up from school

If both parents have legal custody but only one has physical custody, can the non-custodial parent pick the child up from school? The non-custodial does have visitation rights and there is no type of restraining order in place., but the custodial parent says she should be called first. So if a non-custodial parent came to pick up the child, should the school let the child go with him/her?


Asked on 10/11/07, 5:38 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Picking a child up from school

The school cannot release the child to the non-custodial parent without permission of the custodial parent. Physical custody over-rides legal custody in this respect. Direct the court in writing that it is not to release the child to anyone apart from those you designate. This prevents parental kidnapping and other issues.

If the school considers this "too much trouble," call the Dept. of Education.

In addition, the non-custodial parent is at least arguable in contempt of your judgment if he/she does this; the court can be invioked.

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Answered on 10/15/07, 7:07 am


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