Q: Can a non custodial parent take a child from school just because they're on the birth certificate?
My niece is 3 and her father has a traumatic brain injury and has never really been a part of her life. Two years ago they went to mediation. My sister got sole custody. The father got non custodial visitation one day a week unless otherwise agreed upon. Which he has only done 3-4 times. My niece is going to head start this year. The niece of the fathers step dad works at the school. She told my sister that if The father shows up to the school she has to let him take her because he's on her birth certificate. Would this be accurate?
A: Your sister should provide the school with a copy of her custody order. That should demonstrate to them that the father does not have custodial rights other than what's set forth on the order.
A: It truly depends on what the custody order states. You refer to custody mediation, but it is not clear if the parents have a custody order. It would behoove the mother to have a consultation with an attorney that can review the custody agreement or order to determine exactly what rights are delineated in the document and then advise therefrom.
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