Legal Question in Family Law in New York
School district exceptions or court rulings
My sixteen year old son has been living with me for about four months. I live about one and a half minutes from his mom's house but over the school district line. I have been driving my son to mom's to catch bus in am. Custody court date is approaching along with support modification. Mom called school on my behalf and informed district of our son living out of district and school informed her there is a strict rule of non residents not being able to attend, not even if tuition was offered. Can the court make a ruling allowing my son to finish this 11th year allowing us to find home in district.
1 Answer from Attorneys
Re: School district exceptions or court rulings
The Supreme Court can make whatever finding it wants to, but it sounds like you are talking about a challenge to either a school board decision or town ordinance. Either of these is separate and distinct from the issue of custody.
I cannot tell where this hearing is, Family Court or Supremem Court, but I am assuming it is in Family Court. That being said, the Family Court has no jurisdiciton whatsoever to overrule the school board or ordinance.
In fact, if custody becomes an issue, the fact that the child might have to change schools could weigh against custody to the parent in the new district.
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