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Transferring Schools Without the Other Parent's Knowledge

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  • 08-22-2014, 11:43 AM
    bjohnson5588
    Transferring Schools Without the Other Parent's Knowledge
    My question involves a child custody case from the State of: Maryland

    My daughter has be living with me for the school year for 2.5 years during the school months

    Can the mother transfer her out of the school without my knowledge when I was the one registered her into the school?

    No custody agreement has been established.

    Thanks for your assitance.
  • 08-22-2014, 11:46 AM
    Mr. Knowitall
    Re: Transferring Schools Without the Other Parent's Knowledge
    If you're telling us that's what did happen, then the answer is "yes".

    If you and mom can't agree on where the child should attend school, and you wish to have your preference respected over hers, it's time to get a custody order.
  • 08-22-2014, 11:57 AM
    JulesJam
    Re: Transferring Schools Without the Other Parent's Knowledge
    Quote:

    Quoting bjohnson5588
    View Post
    Can the mother transfer her out of the school without my knowledge when I was the one registered her into the school?

    No custody agreement has been established.

    if there is no custody agreement, then yes, she can. Both parents have equal rights to make decisions like this for their children.

    The better question is can you now put her in a different school. Time to speak to an attorney.
  • 08-22-2014, 12:08 PM
    llworking
    Re: Transferring Schools Without the Other Parent's Knowledge
    Quote:

    Quoting JulesJam
    View Post
    if there is no custody agreement, then yes, she can. Both parents have equal rights to make decisions like this for their children.

    The better question is can you now put her in a different school. Time to speak to an attorney.

    Both parents do not necessarily have those rights. They do if its a married situation but if its an unwed situation, and no court orders have ever been made, then the only parent with custody, by default, is the mother.
  • 08-22-2014, 12:24 PM
    JulesJam
    Re: Transferring Schools Without the Other Parent's Knowledge
    Quote:

    Quoting llworking
    View Post
    Both parents do not necessarily have those rights. They do if its a married situation but if its an unwed situation, and no court orders have ever been made, then the only parent with custody, by default, is the mother.

    true I was assuming a married situation.
  • 08-22-2014, 02:20 PM
    bjohnson5588
    Re: Transferring Schools Without the Other Parent's Knowledge
    Even if her mom lives in a another state?
  • 08-22-2014, 02:51 PM
    Mr. Knowitall
    Re: Transferring Schools Without the Other Parent's Knowledge
    So the part you left out was that this isn't just about school, but that the child is with mom in another state and mom intends to keep custody of the child with her in another state at the end of the summer? That's a gargantuan omission from the facts. All the more reason to seek a custody order, ASAP.
    Quote:

    Quoting llworking
    View Post
    Both parents do not necessarily have those rights. They do if its a married situation but if its an unwed situation, and no court orders have ever been made, then the only parent with custody, by default, is the mother.

    In Maryland, by statute, both parents are the natural guardians of their child. Md. Family Law Code, Sec. 5-203. "Neither parent is presumed to have any right to custody that is superior to the right of the other parent."
  • 08-22-2014, 03:00 PM
    bjohnson5588
    Re: Transferring Schools Without the Other Parent's Knowledge
    Yes, But her moving to the another state is a issue cause were apart only 30 minustes. The big issue is I want my daughter to stay wiht me and go to school with me and she wants the same
  • 08-22-2014, 03:03 PM
    Mr. Knowitall
    Re: Transferring Schools Without the Other Parent's Knowledge
    You don't have a custody order. So once again: If you and mom can't agree on where the child should attend school, and you wish to have your preference respected over hers, it's time to get a custody order.
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