Parents: Is this all I need to do?

Question

I just asked about how to un-enroll my stepson from school. I called the school and they said that I would have to come up there today and fill out some papers and that they would consider him un-enrolled come Monday. They said that our state really monitors children in school and if he was not enrolled in a new school on Monday or Tuesday, that it would throw up a red flag.(Texas) I am off work today so I told my husband I would take care of this, but I can not reach his ex on the phone to make sure that she is en-rolling him on Monday and my husband isn't answering his cell either. If I go ahead and un-enroll him and let them know that his mother is getting him back this weekend, will it now be her responsibility to take care of the new enrollment?

I am not getting a whole lot of help from my husband or his ex and I am afraid that since my name is on his enrollment forms at this school, if I unenroll him and she doesn't do something quick, I will be getting in trouble with the state for this.

Answer 1

Step parents cannt enroll or unenroll a child from school unless they have legal documentation to prove that they are authorized to do so. Just be cause your name is on the enrollment form doesnt give you ANY LEGAL RIGHTS TO YOUR STEPSON.
I know I am a parent as well as a stepparent.

However each state has its own laws in accordance to federal laws regarding a stepparents rights and here is a brief description of a Texas Law Concerning Stepparents :

"The term "parent" is defined as including natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. 34 CFR § 99.3 "Parent." The Department has determined that a parent is absent if he or she is not present in the day-to-day home environment of the child. Accordingly, a stepparent has rights under FERPA where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. In such cases, stepparents have the same rights under FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to such child's education records."http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/hastings082004.html

http://www.schoollawsection.org/familylaw.html
II. Rights and duties of parents

The Texas Family Code specifies the rights and duties every parent has, subject to a court order affecting those rights and duties. Among those rights and duties of a parent are the following that affect schools:

the duty of care, control, protection, and reasonable discipline of the child;

the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;

the right to consent to the child’s medical and dental care and psychiatric, psychological, and surgical treatment;

the right to make decisions concerning the child’s education; and

any other right or duty existing between a parent and child by virtue of law.1

Besides being affected by a court order, these rights and duties may also be affected by an affidavit by a parent designating another person or agency to act as managing conservator of the child.2 Curiously, the Texas Family Code does not state how such an affidavit affects these rights and duties.

It is important to note that these rights belong to a parent and not to a stepparent or other relative of the child in the absence of a court order or an affidavit from the parent designating the stepparent or other relative of the child to act as managing conservator.

A "child" is defined as a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.3 Once a student under 18 years of age marries, the parents’ rights and duties are extinguished. The Texas Family Code permits a child who is 17 years of age (or at least 16 years of age with some conditions) to ask a court to remove his or her disabilities of minority.4 The removal of those disabilities for general purposes gives the child the capacity of an adult, subject to specific constitutional and statutory age requirements.
Schools need to know what the court orders say because schools are a place at which one parent (or a nonparent) can try to violate a possession order by picking up a child outside of his or her possession periods. Absent notice from the party with the right to possession of the child on the particular day, no one not designated by that party should be picking up the child. Of particular importance are provisions requiring a parent to have only supervised visitation of the child due to evidence of abuse or neglect or the threat of abuse or neglect. These provisions can occur in temporary orders, a decree or other type of final order, or in a family protective order. For the sake of the children, schools need to know about these restrictions and take reasonable action to enforce them.

Schools and school personnel also need to be aware that there is a civil cause of action for interference with possessory interest in a child. A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person. A possessory right is violated by the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child. A person who aids or assists in conduct that interferes with a person’s possessory interest in a child. A person who was not a party to the suit in which the possession order was rendered is not liable unless the person at the time of the violation had actual notice of the existence and contents of the order or had reasonable cause to believe the child was the subject of an order and that the person’s actions were likely to violate the order. An employee of the school in which the child is enrolled might have difficulty showing that he or she did not have reasonable cause to believe the child was the subject of an order and that his or her actions were likely to violate the order.14 To avoid the threat of a suit by an angry parent and to cut short any confrontations, school personnel need to know what the orders say or at least have ready access to these orders to consult them and speedily resolve any questions.

http://www.capitol.state.tx.us/tlo/reports/subject/75R/I0355.HTM

From what I have been able to read a few years ago stepparent had near to no rights whatso ever concerning their stepchildren.
If I were you, if I had no legal documentation giving me explicit rights to mystepson, I would have his father or his mother take him from school and do the neccessary paper work. This way you are in the clear, your stepson is still receiveing and education you arent left holding the bag when it comes to him not being in school. Unless you know exactly where you stand I would suggest waiting until you know.

I had my husband sign a POWER OF ATTORNEY for his children for me and I for him. This way with each of our ex's no one can say we didnt have authorization from custodial parent.

Best of luck!!!

Answer 2

I honestly can't see any gov't working that quickly on something so trivial. What about when families move, they don't make them rush straight to the local school. If you know the school he's transfering to you can call and see when his enrollment starts, they generally set things up in advance for that type of school unlike public systems. If you're really worried leave a message that you'll have to re-enroll him on wednesday if they haven't sorted it out, it'll give a little motivation! Even if you recieve a call state that he's going to a private school and give the mom's number.

Answer 3

You sound like such a nice woman taking care of all this. I personally think its her and/or your hubbys responsibility to take care of this matter. I would nt un-enrool them until you have a plan worked out w/ them. It would be better for them to call each other and set a plan as to what and who is going to do what. I would hate for your name to be on the paperwork, their mother not enroll and then have the state calling you and on you for this!

i would make sure they are enrolled in the other school the same day or b/f you tehnically take them off the enrollment for their current school!

Answer 4

As I see it, it is not your responsiblity to make sure he is enrolled in school. That should be his mother and father. I think it is great that you are so involved and so worried about the well being of your step child, if only more step parents could be like that. But at the same time, if it is putting this much stress on you you shouldnt have to be doing it. Who has custody of the child? That is who needs to enroll him in school.

Answer 5

All I know is that with divorced families and kids communication is the most important thing. Keep trying to get in touch with the parents and not let the child fall through the cracks and lose precious time in school. I believe he should be enrolled in another school before you unenroll him.

Answer 6

yes!!!!!! It is the Mothers responsiblity to get him enrolled if he is out of you and your husbands care and back in his mother house hold that would mane it her responsiblity...GOOD LUCK

Answer 7

Do you have legal docs saying that she will be having custody of him? If she has custody than the legal responsibility is hers.

Answer 8

if you are close to eachother then id talk about it with her so everyone is on the same page. but i would think that she would take care of it.

Answer 9

hmmmmm i would be worried his ex and him unavailable