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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have my son in TN...mother lives in Nevada. School in TN

Customer Question

I have my son in TN...mother lives in Nevada. School in TN says unless I have legal custody of child he cannot attend school. What happens when his mother and I share legal custody based on a Nevada court order. Also, my name was never put on the birth certificate. Also, mother knows that child in enrolled in TN and never filed any objection to him being enrolled in TN.
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Family Law litigation attorney practicing in Tennessee.


If you have a court order stating that you have joint legal custody of your child from a court in Nevada, your child's school should accept a certified copy of the court order and recognize your custody.


I don't know of any law that requires you to have sole custody in order to enroll the child. If you have joint legal and physical custody, and you actually have custody of the child, this should bot be an issue.



I would recommend that you ask the school what it will accept, ot whether or not it will accept a certified copy of the custody order from Nevada. You should also remind them that that must recognize the court order under the Full Faith and Credit Clause of the US Constitution.

Customer: replied 5 years ago.
Would the mother have to provide anything agreeing to having son attend school in TN? Again, she NEVER filed any objection to TN enrollment and she's been aware of exactly where he was enrolled in school.
Expert:  Roger replied 5 years ago.

I don't think there's any law that requires this. However, the school board may have a policy to this effect.


I wouldn't have access to the local school board policies, but if this is the case, you'd have to comply.


I think the best thing you can do is ask what you need to get this done, and they do your best to accommodate that.


I'd be willing to bet that there's some local policy that they're requiring this under.

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