How can I find out wha school my child is attending?
I am trying to find out what school my child is attending. His father does not have custody of him and he is keeping him away from me and his family won't tell me where he is and the police claim that there is nothing that they can do because neither one of us have custody but I always thought that the mother automatically has custody.
I am confused by your question. It seems that the father and his family are keeping the child away from you. (I would assume that he does have custody from the court.) As the biological mother, you have the right to see your child and have visitation on a regular basis. Custody may be awarded jointly to both parents or to one parent as the parent with primary responsibility. You need to contact the family court and file a complaint about visitation not being followed by the father. The judge will hold the child's father in contempt of the court order if he refuses to allow you to see your child.
From the school's perspective, you are also entitled to see your child's records and speak to the teacher (if the divorce decree does not restrict you in any way). Present the school with a copy of the divorce decree to ensure that your parental rights are clear.
From what I am understanding, you are saying neither of you have custody because you were either never married, or never divorced. If his name is on the birth certificate then whoever has the children in their possession would have custody. You can call the schools and ask, and they SHOULD tell you because he would have no paperwork to show them they shouldn't, but that doesn't mean they will. If he took the child and is keeping them from you, you will need to file for custody or visitation in court. In most states if there are no court orders for custody or visitation then you both have the SAME rights and the police cannot do anything about him keeping the child from you. Now, if his name is not on the birth certificate, or if you have legal custody, then he is breaking the law, but if the police will not help, you still will have to file paperwork in court.