north-carolina school guardianship
Is it legal to grant a family member guardianship over children to use their address for school zoning?
<p>My family and I live in North Carolina. Currently, we live in school district A and my son is set to attend Elementary School A when he starts kindergarten this Fall. However, there's been a sudden opportunity and we have the chance to move. If we do move, we would live in school district B and be zoned to attend Elementary School B. My wife and I are convinced that School A would be a much better place for my son to go to school, so we are looking for ways to keep my son in School A. (We  could apply for a school transfer, but we've been told those are not particularly likely to be approved).</p>
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<p><strong>Question</strong>
My wife's parents also live in school district A. Would it be legal for us to grant her parents legal guardianship in order to use their address on my son's school papers to allow him to stay at school A?</p>
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<p>It is legally impossible for you to grant guardianship of the child to another party. First, the courts must find that the natural parents are unfit, under <a href="https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_7B/Article_11.pdf" rel="nofollow noreferrer">Ch. 7B Art 11</a> of the North Carolina Statutes. Someone would have to file a petition alleging abuse or neglects, etc. Then under <a href="https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_35A/Article_6.pdf" rel="nofollow noreferrer">Ch. 35A Art. 6</a> a guardian can be appointed by the court.</p>
<p>From what I can determine, it would be legal to the child in a district that they did not live in, the catch is that you would have to pay tuition (also it's not clear that the district can be compelled to accept an out-of-district student, even for money). <a href="https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_115c/Article_25.pdf" rel="nofollow noreferrer">Ch. 115c Art 25</a> esp. §115C-366 addresses the &quot;which district&quot; issue. However, it is still based on residence, which is taken by default to be where the parents live. The &quot;out of district&quot; provision allows a child to freely attend school if they are living with another person, subject to various conditions involving e.g. your death, abuse, mental incompetence, homelessness, burning down the house, active military duty... and furthermore the custodial adult would have to falsely attest that</p>
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<p>the student's claim of residency in the unit is not primarily related
to attendance at a particular school within the unit</p>
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<p>In other words, no, it is not legal.</p>
