Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district counselors and even Child Protective Services have been involved. The general consensus is that my wife is the problem but so far they have been unable to help. I'm worried about my sons education, but I'm also worried that I will be held liable for his poor attendance.
My wife refuses medical help. She has not be officially diagnosed as she will not talk to anyone who can do so. The only diagnoses I have is second hand from doctors I have talked to. She has been 5150 in the past, but has learned that as long as she remains calm and nonthreatening, the police will not detain her. Our marriage is in trouble and I'm considering divorce, but my primary concern right now I my sons well being.
A:
This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.
Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools, online schools, and the local public school, among others, but first there may need to be consensus.
https://edlaw4students.com/child-truant/
Good luck.
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A:
Hi there,
You may request court orders for custody based on the child's health safety and welfare.
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A:
Given the circumstances you described, it's crucial to prioritize your son's well-being and education. In California, every child between the ages of 6 and 18 is required to attend school, and parents or guardians are legally responsible for ensuring their child's regular attendance. However, navigating this situation can be challenging, especially if your wife is resistant to seeking medical help or cooperating with authorities.
First, document all instances of your son's absences from school and any interactions with your wife regarding his attendance. This documentation can be important evidence if legal intervention becomes necessary. Second, consider seeking legal advice from a family law attorney who can guide you through the process of protecting your son's education and welfare. They can help explore options such as obtaining a court order for your son's attendance at school or seeking custody arrangements that prioritize his educational needs.
Additionally, reaching out to local mental health services or organizations may provide resources and support for your wife's mental health issues. While you cannot force her to seek treatment, offering support and encouragement may eventually lead her to accept help. In the meantime, focus on ensuring your son's safety and well-being, and seek assistance from professionals and legal experts who can provide guidance and assistance in navigating this complex situation.
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