Mass Lawyers Weekly 9/10/14: School must enroll child despite custody schedule. he town of Wayland could be required to enroll a divorced man’s son in its public schools, even though on most school nights the child slept at his mother’s home in another community pursuant to the terms of a shared custody agreement, a Superior Court judge has ruled in a case of first impression. The defendant town argued that, because the boy slept seven out of 10 school nights at his mother’s home in Framingham, he did not “actually reside” in Wayland for purposes of G.L.c. 76 §5, the state’s residency law governing public school enrollment. In implementing the statute, the town’s school district adopted a guideline requiring a student to reside in Wayland for at least three out of five weekly school nights. (subscription required for article access)
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