Saturday, May 23, 2009

New York Court Rules on Educational Rights of Non-custodial Parents

In Fuentes v. Board of Educ. of City of New York, 12 N.Y.3d 309 (2009), the New York Court of Appeals was presented with the following certified question (as reformulated by the court): "Whether, under New York Law, the non-custodial parent of a child retains decision-making authority pertaining to the education of the child where (1) the custodial parent is granted exclusive custody of the child and (2) the divorce decree and custody order are silent as to the right to control such decisions." The court answered this question in the negative.