Q: can a child legally live with his father if there is no custody agreement but is mutually agreed upon both parents?
the school says the father has no rights and must live with the mother. We have been unable to enroll him in school because of this.
A: If the parents are not married and the a court has not granted parental rights to father, then the mother has sole legal custody until a court grants rights to the father. A school can deny enrollment to a child that does not not legally reside within its district, and can choose to enroll only children living with the parent who has legal custody.
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