Greenlawn, NY asked in Education Law for New York

Q: Family move, possibly keep kids from changing school districts in NY

Hi. Following up on first response from Michael Siegel. My case is an odd one. My kids were enrolled in the district where we all lived with my ex-girlfriend. After the breakup, I moved. Though there's bedrooms for them at my new residence, they've been staying for the majority of the time where they've been. I always hear that where they should be schooled is where they actually live. Now my ex has no formal status; not their natural mom, not a legal guardian. But there's little point in having the kids with me more while I'm out working anyway. Does the school district have a right to determine their formal residence with me, their biological father, in the new town, even though they haven't actually been with me the majority of the time? Even if the current living arrangement is not formally documented? They're just still there. Please advise. Thank you.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Education Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you have left your kids with a non-relative who is not a formal legal guardian, and left, you have more problems than the school. If child services finds out, they will open a case. Either maintain a legal residence with your ex-girlfriend, or make her a legal guardian. Do not leave this situation as is. Do a lease with her, and have your legal documents have that address. The mother of the children (if still around) could make an issue of this too.

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