Q: Can my x legally fill out a school form saying he has custody and I don’t if no custody papers were done
We never had custody papers done as were share, but I recently came across a form that he filled out saying I do not have custody, I feel this is to make me look bad
A: There is a difference between whether he can and whether he ought to in the sense of it being right or legal. Since he has done it - obviously he can, so the real question is whether it was right or legal for him to do so and the answer to that is not so easy. If there is no court order or binding agreement to the contrary and you are a biological parent on the birth certificate - you have as much custody as he does. So assuming what you have stated in your question is true, his statement to the school that you do not have custody is false. Whether that was merely not right or illegal depends on his intent. Now because he is not an attorney and may not understand fully what custody is, this could be a simple mistake or as you suggest, it could be outright fraud on his part to make you look bad. Unless he admits to it - you'd be hard pressed to prove it was anything more than a simple mistake - which while not right, is not illegal. You should contact the school to make the correction and if they give you a hard time, you should consult with a local family law attorney. If he is going to do things like this regardless of whether mistakenly or on purpose, perhaps it is time to have custody formally determined. Best of luck.
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