Non-custodial parent. A non-custodial parent had challenged certain decisions made as to the special educational services being provided to his child. The District Court dismissed the action, holding that the plaintiff, as the non-custodial parent, lacked standing. The Second Circuit certified a question to the New York State Court of Appeals as to whether a non-custodial parent had the right to participate in the educational decisions relalating to his child. In the case at issue, the custodial parent had exclusive custody and the divorce decree was silent on this issue. The Court of Appeals, modified the question slightly (changing the right to participate in educational decisions to decision-making authority) and answered the question in the negative. Based on this answer, the Second Circuit affirmed the District Court's order, dismissing the complaint for lack of standing.
The decision of the Court of Appeals in Fuentes v. Board of Education of the City of New York can be found here.
The decision of the Second Circuit affirming the District Court's dismissal of the case, can be found here.