S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: School  (Read 1124 times)

Windd

  • Jr. Member
  • **
  • Posts: 58
  • Karma: 0
    • View Profile
School
« on: Nov 01, 2006, 01:04:04 PM »
Child ordered to be in school by the courts.  Custody change ordered several months later although joint custody still left in place.

NCP has had issues with getting child to school on the one day they are obligated to get child there. There have been and continue to be other concerns of NCP taking child out of school on days because they feel like it.

CP contacted school regarding this issue and the school principle has stated that NCP has rights and if there is nothing in the order that specifically states “NCP cannot take child out of school” then they will release the child to the NCP. They do not want to get caught up in the middle

My response has been there is also nothing that states the “NCP  can remove the child from school at anytime either”.

The orders do state “The children must attend school each day school is in session except in the case of illness”.

Am I being overly concerned? I also have issues with  me getting child to school and finding out later child is not there, has been taken out. I would have some serious legal concerns against the school district if released to NCP and something happened.

Soc, would a letter to the principal and superintendent be appropriate?

“Basically stating “Even in a Joint Custody arrangement, most states require one parent or the other to be designated as the "Custodial" parent (sometimes also called the "Primary Residential Parent"). The courts presumption is (and always has been) that the child's best interests are dictated by the Primary parent”.

Can you review a draft of a letter?


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: School
« Reply #1 on: Nov 01, 2006, 01:17:28 PM »
>Am I being overly concerned?

I dunno. Only you can decide.


>Soc, would a letter to the principal and superintendent be
>appropriate?

It's useless. File for a clarification order if you're concerned.

>
>“Basically stating “Even in a Joint Custody arrangement, most
>states require one parent or the other to be designated as the
>"Custodial" parent (sometimes also called the "Primary
>Residential Parent"). The courts presumption is (and always
>has been) that the child's best interests are dictated by the
>Primary parent”.

Irrelevant. Joint Legal Custody permits parents to separately make decisions about the child's health, education and welfare. If the NCP has legal custody, and the orders don't restrain removal of the child from school, then the NCP can remove the child from school.

If you don't like this behavior because it is causing the child distress, then file for a clarification order. If you don't like it because it's causing you distress, but not the child, then I think you're overreacting.

>Can you review a draft of a letter?

Yep.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.