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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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"give up educational rights"

Resolved Question:

What does it mean to "give up educational rights" of my child to a person of my choosing - so he can live with his adult cousin and attend school in that district? We live 20 min away and would still be his parents. He is a high school senior - in NE. 

Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) What state this is in, and
2) A little more about the matter at hand?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

We are in NE. I want his to live with my adult nephew and his family of four so he can finish high school at a school in their district. It is a bit of an emergency that he not finish at his current school (nothing to do with the school).

Expert:  Ely replied 10 months ago.
I see. And what is the name of the document that is being presented to you and you are being asked to sign? What is its title, please?
Customer: replied 10 months ago.

Haven't seen the document yet. The school counselor we meet with tomorrow will have it. It has to be notarized (they have a notary at the school). I don't think it is a big deal - his exact words were (about what I need to do tomorrow at our meeting at the school):


 


We just need on biological parent, who you are giving up educational rights to, a birth certificate, OPPD or MUD Bill, and a copy of immunizations in order to begin the process.


 


 

Expert:  Ely replied 10 months ago.
Thank you.

To "give up educational rights" means that the parent gives up the right to choose the educational decisions for their child.

Normally, to have a child come live with someone else for school, a drastic "giving up the right" is not necessary. All the parents have to do is to provide a Power of Attorney for the adult to make decisions for that period of time - example can be found here.

As such, a power of attorney should be enough, which does not have the parent "give up" educational rights, but simply give that right to someone else temporarily with the right to rescind it at any time.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.

Do you suggest we sign a "give up your rights" document (provided by the school) or suggest we insist on getting a temporary power of attorney document? Or does it even matter - as I don't anticipate any issues - should be another normal school year.

Expert:  Ely replied 10 months ago.
Although I cannot tell you what to do, if it were me, I would highly consider drafting a Power of Attorney by counsel that names an adult as having that power to make educational choices, and providing THIS to the adult and the school to work with.

Although no issues are anticipated, language like "give up my rights" scares me. One is much better off with a traditional power of attorney where the right to make such decision is not given up, but "loaned" to someone else.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Expert:  Ely replied 10 months ago.
Thank you for your gratuity.

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