Carthage, IL asked in Civil Litigation, Civil Rights and Family Law for Illinois

Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents regarding custody arrangements. In the absence of formal custody orders, schools may rely on the information provided by the custodial parent or legal guardian listed in the student's records.

If you believe that you have the right to pick up your child from school but are being denied access, it may be helpful to communicate directly with the school administration to clarify the situation and provide any relevant information or documentation. This could include demonstrating your parental rights or obtaining a temporary custody order from the court. Additionally, seeking legal advice or mediation to establish custody arrangements formally can help resolve disputes and ensure that your parental rights are protected.

It's essential to address custody and visitation matters promptly and through the appropriate legal channels to avoid misunderstandings and conflicts with the school or other parties involved. By taking proactive steps to establish custody arrangements and communicate effectively with the school and your co-parent, you can help ensure a smooth transition for your child during the separation process.

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