High School Enrollment of a Minor

[causticpipsqueak]

My question involves education law in the State of: Pennsylvania
Here's the situation: I am 17 (turn 18 in October). My paternal grandmother has legal custody of me; she resides in an assisted living facility in Florida. My aunt (father's sister) and her wife have power of attorney over me; They currently live in Illinois. I moved to Pennsylvania this summer to live with my father. My aunts are okay with it. How do I enroll myself into high school? My father's name isn't on my Birth Certificate. I only have one more year left and I don't want to be convicted of truancy or have to drop out. Thank you!

[adjusterjack]

Go directly to the administration office of the nearest high school and ask the same question. They will tell you exactly what you have to do.

Nobody on the internet would have a clue as to what the requirements are of any given high school.

[pg1067]

I understand that, as a minor, you may not have answers to the questions I'm asking below, but they're relevant questions.

My paternal grandmother has legal custody of me; she resides in an assisted living facility in Florida.

Why would a court award legal custody of a minor to a person in an assisted living facility (and, as a result, presumably does not also have physical custody of you)?

Why don't your parents have custody?

My aunt (father's sister) and her wife have power of attorney over me

That doesn't make any sense. There's no such thing as "power of attorney over" a person. A power of attorney ("POA") is a document whereby one person (the "principal") gives authority to another person (the "agent" or "attorney-in-fact") to deal with third persons on the principal's behalf. For example, I could give my co-worker power of attorney to sell my car.

How do I enroll myself into high school?

You don't. Your parent or legal guardian does that. Has anyone contacted the local high school and asked about registering you? If not, why not?

My father's name isn't on my Birth Certificate.

Then how do you (or how does anyone else) know he's your father? Was his paternity ever established?

[llworking]

I understand that, as a minor, you may not have answers to the questions I'm asking below, but they're relevant questions.




Why would a court award legal custody of a minor to a person in an assisted living facility (and, as a result, presumably does not also have physical custody of you)?

Why don't your parents have custody?




That doesn't make any sense. There's no such thing as "power of attorney over" a person. A power of attorney ("POA") is a document whereby one person (the "principal") gives authority to another person (the "agent" or "attorney-in-fact") to deal with third persons on the principal's behalf. For example, I could give my co-worker power of attorney to sell my car.




You don't. Your parent or legal guardian does that. Has anyone contacted the local high school and asked about registering you? If not, why not?




Then how do you (or how does anyone else) know he's your father? Was his paternity ever established?

I am going to disagree with you slightly, or perhaps clarify what you are saying. A guardian or custodian certainly is allowed under the law (in all states) to give someone else POA to act on their behalf regarding a minor child.

However, that POA is not going to give the person with the POA the right to transfer the rights and obligations under the POA to a third party. It may be that dad is going to have to file for custody in order to get the child enrolled in high school, OR, maybe an online program to finish high school will end up being the way to go.

In any case, even if grandma is still of sound mind, its not appropriate for her to continue to have custody since the child is not permitted to live with her in assisted living.

[jk]

I am going to disagree with you slightly, or perhaps clarify what you are saying. A guardian or custodian certainly is allowed under the law (in all states) to give someone else POA to act on their behalf regarding a minor child.

However, that POA is not going to give the person with the POA the right to transfer the rights and obligations under the POA to a third party. It may be that dad is going to have to file for custody in order to get the child enrolled in high school, OR, maybe an online program to finish high school will end up being the way to go.

In any case, even if grandma is still of sound mind, its not appropriate for her to continue to have custody since the child is not permitted to live with her in assisted living.

You need to read pages words verbatim. You do not hold a poa OVER another. That suggests the agent holds some authority over the principal. It wasn’t that page said the principal couldnt issue a poa, just that it is not over anybody.

[causticpipsqueak]

I understand that, as a minor, you may not have answers to the questions I'm asking below, but they're relevant questions.




Why would a court award legal custody of a minor to a person in an assisted living facility (and, as a result, presumably does not also have physical custody of you)?

Why don't your parents have custody?




That doesn't make any sense. There's no such thing as "power of attorney over" a person. A power of attorney ("POA") is a document whereby one person (the "principal") gives authority to another person (the "agent" or "attorney-in-fact") to deal with third persons on the principal's behalf. For example, I could give my co-worker power of attorney to sell my car.




You don't. Your parent or legal guardian does that. Has anyone contacted the local high school and asked about registering you? If not, why not?




Then how do you (or how does anyone else) know he's your father? Was his paternity ever established?

My paternal grandparents were awarded custody (my grandpa was a very influential lawyer so he pulled a few strings) of my little brother and me and a year later my grandfather passed away and grandmother had a second stroke that ended with a lot of rehab and eventually led to her being placed in an assisted living facility.

Fearing this, my grandparents had signed something saying that if something happened to them, my aunt and her wife would have power of attorney over my brother and me (those were my aunt's words and the words used by police officers when I talked to them- I don't understand the POA details or what all it means).

My father lost all parental rights to my brother and me when I was 6 years old when he went to prison for the second time. I think this was because he wasn't on our birth certificates because my mother was still legally married to someone else (he gave her fake divorce papers so she thought they were divorced-she was young and dumb). My mother lost custody of my sibling and me when I was 13 because she was abusive and neglectful and was an addict with no job whatsoever. That is when my paternal grandparents got custody of us.

The local high school office isn't open this late in the summer so I would have to go through the central enrollment office. They aren't returning any of my calls and my father hasn't gotten the chance to drive me up there yet (he works sometimes for 37+ hours straight). He wouldn't really be able to enroll me anyways I wouldn't think, because he isn't on the BC. That's why I was wondering if I could enroll myself since there is supposedly the law that they can't really deny education to someone (I don't know anything about this- I was just told this by a friend).

My father's paternity was established when his parents got custody of me. Since his name wasn't on the BC they had to do DNA test before they would let his parents take us.

[cbg]

Whether you can or cannot enroll yourself in school is determined by the policy of the individual district; there is no one-size-fits-all yes or no answer.

[pg1067]

Sounds like you are in a bit of a limbo situation. Your legal guardian seems to be incapacitated, so maybe your out-of-state aunt will be able to register you for school. You'll have to wait until someone from the school contacts you, and you'll likely need your aunt to get involved. I suggest you call her and ask that she do what is needed.

According to your follow up post, your father has no legal rights or authority to do anything. For that to change, he'd have to file a guardianship petition and seek an appropriate order on an expedited basis. If that's something he wants to pursue, he should consult with a local attorney ASAP.

[causticpipsqueak]

Yes, that's what I was thinking. My aunt is being difficult though and told me that I had to figure it out for myself. I went down to the Admissions office this afternoon though and they are helping me out with enrolling in school. Apparently there is a program here that helps with my sort of situation. Thank you for your help!

[Mercy&Grace]

If/when you are enrolled. Be sure and ask who should sign permission papers. For example permission to go on field trips and possibly graduation activities. I commend you for your strong desire to finish high school. A good education is one of the keys to a successful life. A high school diploma is the foundation. Good Luck !