Legal Question in Family Law in Washington
QUESTIONS FIRST, then the story.
1. Can the dad (non-residential parent) sign up a child for school in another state with out residential parent's participation or consent? Do I have the right to not allow this? (may I pull the mommy-card? :-D)
2. Any legal consequences (regarding lies on the applications, excluding me, etc) I may want to mention to the dad?
3. Any legal consequences for this school district that I may want to add to my upcoming letter to principal, secretary, superintendent and enrollment office?
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I have a 6yo child. Never married the dad. Child and I have been living in our WA home since fall 2008. Dad lives in Oregon. Child attend full-time school here. lives with me. Child visits dad 3 weekend per months for 1-2 nights per visit. No court orders. We got along fine until his attorney girlfriend stepped into the picture.
The dad recently excluded me from all aspects of enrolling child for school in Oregon. I didn't even know it was happening. Dad lied on lottery application, saying that child lives with him and is a resident THERE. I immediately started emailing the enrollment office and the superintendent. Dad admitted in a letter that he only has the child 30% of the time. I forward that to the office. The policy is that a child me be 50% resident to be enrolled in the lottery and schools as a resident. They allowed this lie and allowed the child to be enrolled as a resident...when even his dad states that the child is a non-resident.
Child did not make it into the school his dad told me about. He made it into one I had never even heard of. .
The dad filled out registration forms without my knowledge and submitted it on May 6. I drove an hour on May 10 and marched right to that school. I retrieved a copy of the registration form from the school office. Under the parent information, the dad put his name and his attorney girlfriend's name. I appear as the emergency contact.
I have been protesting to the entire school district as soon as I heard that the dad signed up for the lottery using his address. They are allowing it. I told all parties, enrollment office, superintendent, secretary, principal, the dad, that I do not consent and that child will not be allowed to attend.
The dad will give no reason why he excluded me. He didn't even tell me about the open houses until after the fact. Filled out the lottery and told me about it after the fact. Told me about the school lottery results two weeks after results were sent home.
The dad will also not tell me why he wants the child to live with him full-time. (though I know he is trying to get custody in a sneaky way and also avoid child support)
If the dad has his way, child would live with dad and child would start school at 8 AM, get out at 2 and then be in daycare until at least 5:30. I teach music at home and am an artist. I am currently able to be with the child after school.
I signed up my child for home-schooling on April 8, 2013.... in WA. They school district is faxing that contract this week and I am submitting other docs.
The dad lives with his girlfriend and same-aged female child. Children share a room. Child lives with me and has his own bedroom. No other people live with child and me.
I am submitting some documents and letters this week. If these fail to achieve the desired results, I am filing an official against all schools officials that I have dealt with.... from the secretary to the superintendent.
Thank you for helping me save my child.
Expecting a miracle!
Thank you!
1 Answer from Attorneys
You need to get an attorney and file a custody case in Cowlitz County, which I presume from your zip code is where you live. Under the UCCJEA, chapter 26.27 RCW, WA would appear to have jurisdiction over your custody case. You can read the UCCJEA and find ample information about it on the internet.
The key is that OR is apparently not the home state of the child because the child has not lived 6 consecutive months in OR. If he has been there for 6 consecutive months, however, you will need to fight any custody case in OR.
As to his lies, that would help you in proving your case. Moreover, RCW 9A.76.175 says that "A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor." In WA, therefore, his lie on a public application would be a crime. OR law may or may not make such an act a crime.
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