Superintendent Threatens to Remove Student Due to Residency Issue

January 21, 2010

Pasquale DeSantis, a partner in the Domestic Relations Practice Group, is quoted extensively in an article about an elementary school student whose status as an enrolled student is being threatened by the school superintendent due to questions about his residency.

The issue arose when the boy was photographed and identified as a resident of a Rhode Island town, although he is enrolled in a school in Massachusetts. His parents are divorced, but they have joint legal and physical custody of their son.

In the article, Pasquale stated, “if there is a custodial parent, the child must attend school where that parent resides.” However, he notes that in this case, because each parent has shared physical custody, the superintendent would need to prove the parents are not complying with their decree.

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