Compulsory Education for children 5 and under

You do not have to put the children in pre-school if you do not wish to do so. However, this may have other implications regarding joint parental decision making. You should notify your spouse that you intend to do this, before doing it without notice to him.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

My spouse and I are working toward a separation agreement; the children and I are still living with him in the marital home. His parent has paid for a preschool that is 21 miles from our house. I have to drive 84 miles/day to use this “gift.” We can no longer afford the gas to take the children to preschool. He is trying to force me to get a job and pay for my expenses (my child is under two) and part of the child care. I have a job opportunity in another state but he will not permit the children to leave NC. I am also returning to school. Since there is no compulsory education for preschool children can I keep the children at home?