Father and school blocking mother's access to child

[fredwells59]

My jurisdiction is: Missouri

My daughter has had sole custody of her children for more than two years. Recently, she attempted to reunite with the children's father, moving in with him and enrolling her 7 year old son in school, etc. Shortly thereafter, she decided to end the relationship and move out, leaving her son temporarily with the father until she could enrol him in school at her new residence. Upon returning to retrieve her son, the father refused to return the child. Nor would the school allow her to retrieve her son without the father's permission - despite the fact that the mother actually enrolled her son in the school.

The father has never had sole custody of the children and, in fact, has been ordered to pay child support to the mother, who had been determined to be the custodial parent as it relates to the child support issue.

The question is - Does the father or the school have legal right to block the mother from retrieving her child, especially considering that legal custody has never been taken from the mother or granted to the father?

 

[jacksgal]

Your daughter is going to need a Lawyer on this one. I suspect there is much more to this than you know or have told us. There should be no reason why school should refuse to allow Mom to see or remove child. Somewhere somehow real or mad eup something has happened or been claimed to have happened

 

[Duranie]

mom needs to go down to the school and show them her custody paperwork. There is no reason the school should be withholding info from her.

 

[fredwells59]

Looking for straight authoratative answer

- Legal custody has never been sought or granted to either parent, although the child has been with the mother his entire life - solely for the last 2+ years.

-Court has ordered child support from the father (which confirms actual custody, albeit not legal custody)

- Simple question: In this scenario, can a school block the mother from taking her child from the school without the father's permission?

 

[jacksgal]

No they cant and wouldnt. Which is why I am suggesting there is more to this than you or are telling us

 

[fredwells59]

I'm very close to this and I know all of the issues. It's not true that the school wouldn't block access - in fact, they are. Child is living with father and registered in school at that address, which is likely why the school tends toward the father.

The question is very basic. Legally, can any school block any mother from taking her child out of the school - solely on the father's request - in the absence of any legal documentation denying her access??

 

[jacksgal]

I answered that NO! Which is why I am assuming there are other factors at work here regardless on how "close" you are or think you are to this. Tell her to go to School District office if need be.

 

[fredwells59]

Certainly there are other factors. For example, whatever the father has told the school about the mother. My question goes to what the school's obligation is.

Let's just assume there is no more to this than what I've stated, aside from what the father might have communicated to the school.

If there are no legal restrictions on the mother, can she simply walk into the school and remove her child?? Having equal legal custody as the father, can she be in legal jeopardy for doing this?

 

[presutin]

Fred - Jacksgal is correct. Your daughter will need the assistance of an attorney to resolve this issue with not only the school but also, in all other areas where legal custody will be a factor.