San Jose, CA asked in Education Law and Family Law for California

Q: What am I supposed to do when wife pulls kid from school without having a school lined up

My wife just doesn't like the school or kindergartner goes to. She really has been looking for a reason to pull our kid. Well one day after work 3 days ago. She tells me shes never going back cuz a kid is mean to her, she claims its abuse. And shes pulling her that day. After a yelling match it's like talking to a wall. She wont give me any def reason but shes being abused. When I ask to expand on why she just repeats herself. Iv already talked to the school about what will happen if shes not in a school. What am I supposed to do? If I take her she will pull her that day. She doesnt have a school lined up...yet. shes been trying to get her transferred to a school 15 miles away but was denied. That was last month. She said this month shes gonna appeal but what am I supposed to do? I dont wanna get in trouble but when they look at someone to blame I know I'm gonna get in trouble to no matter what.. what am I supposed to do?

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, both parents typically have equal rights and responsibilities regarding decisions related to their child's education. If your wife has unilaterally withdrawn your child from school without a legitimate reason and without an alternative school in place, you may consider seeking legal counsel to explore your options. You could potentially pursue a legal remedy to ensure the child's education is not disrupted without a valid basis. Consulting an attorney will help you navigate this situation within the bounds of California law.

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