I have physical custody of my 12 years old son, his father has visitation every other weekend. By the court order I’m the one deciding medical and school matters. I want to send him to a boarding school out of state of NC, where both me and his father will remain living. Do I need any permission from his father to be able to enroll my son in this boarding school?
Yes, you should obtain the father’s consent to the out-of-state boarding school if it will interfere with the father’s every other weekend visitation or otherwise cause a change from the custody order or impede in any way with the father’s court ordered custodial time.
You will need to obtain the father’s consent for legal custody purposes unless the court order states you have exclusive/sole legal custody.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
What happens to me if I send without his written consent? The visitations schedule are not been done as it was in the court order, and he is not taking my son to school since 3 weeks after the court order was signed.
Assuming you have sole/exclusive legal custody and decision-making ability and you sent your son to boarding school out of state such that it impeded or interfered with the father’s court ordered visitation time, the father could file a contempt motion against you asking the court to hold you in contempt for not following the court order (not having your son available during the father’s scheduled visitation times).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.