Legal Question in Family Law in New York
Child's Rights
Does a 14 year old have any rights in determining which school district he should attend? My son wants to change school districts. He wants to attend the district dad lives in, but still live with mom. I have filed for joint custody to satisfy the school district requirement, but I am unsure if his desire to change schools carries any weight with the court. His aunt is a teacher in the school he wants to attend, and he feels that she can help him to improve his grades (he finished 8th grade with a 79 average, almost failing a couple courses.)
1 Answer from Attorneys
Re: Child's Rights
A child really has no rights as to what school he/she will attend in the public school. This is governed by the school districts themselves, otherwise there would be open enrollment with all the school systems.
I am not even certain if joint custody would be the answer, since in joint custody there would have to be a residential parent in place
What I usually due is have a change in guardianship which satisfies all requirements.
This can be accomplished in Surrogate's court.
Start the process now before school begins, so that he does not miss any time.
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