school issue

[hagatha]

hey mist..

I have been using that signature for over 10 yrs. I do not see how you feel my post was inappropriate. If you had read the thread  you would have seen I was answering Kent's questions.

SO to make YOUR points. I do know quite a bit about family law in my county. Travel might be a factor but not a deciding factor.

 RO are more of a big deal and he, the dad has had a few. Mommy dearest likes to have him arrested when she gets pissed. Don't tell me you have never heard of a father having RO's against him but is really innocent because I can tell you it happens ALL THE TIME. After you have been arrested several times you tend to be a little gun shy so you try to not rock the boat.

I really do believe the dad should have primary. I have been there when mommy dearest stood out on the porch screaming at the dad to take this child knowing he was on his way out. BTW she was screaming "You take him ... I DON'T WANT HIM!!!" And the child was standing there.

You don't know how many times dad has had to cancel his plans because she just dropped the boy off with no notice. (on her parenting time)... Or how many times dad had to call out of work cause mom didn't want to stay with him.(and she doesn't work)

Do I think he has a chance... Don't know.
Will he be able to get an exparte. Nope.
Will he ba able to have the truancy officers go after her..Nope here the child must be older than 8 and this child is only 6

Will he even be able to get primary... don't know mommy dearest claims he saw her and while still in park gunned his engine and she was in fear of her life... she got another TRO. Now she can not send the child to school again.

The law is not completely black & white. There are many shades of grey. What You decide is not relevent might make a difference in a hearing here.

Oh yeah, my name on the site is Hagatha, when I joined I was Endora. Both names of witches on the origional Bewitched..... hence the signature.... got it now


THE WITCH

Remember . . . KARMA is a Wonderful Thing!!!!!

This is a game of cat and mouse.. to win, you must become the DOG!

[Tikki]

my husband works out of town often and I (stepmom) keep his children during his time.  He and BM have shared custody 50/50 - legal/physical and a X day rotation schedule.  BM gets kids X# days, dad gets kids X# of days and so forth.

She has a time or two, when she is not dating anyone, tried to keep the kids while my husband was out of town working instead of not staying with me.  

We fought that.  Mainly because she won't make them brush their teeth, take showers or do their homework/study.  They are between the ages 5-10.

She also on occasion would keep the kids out of school for no reason.  

If we should happen to go to court, we have teachers willing to go to bat for us...she knows it.

[mistoffolees]

But it doesn't matter whether teachers go to bat for you or not.

If the agreement says that she has rights of first refusal, then you have no right to keep her from taking the kids when your husband is out of town. If she takes you to court, you'll lose.

Even if the agreement doesn't grant rights of first refusal, the wording and specific situation may well be such that the mother has the rights to keep the kids when the father is out of town - even though that would give her more than 50% of the time. Basically, stepparents don't have much, if any rights in the matter.

I'm just suggesting that if she tries to stir up trouble that you might want to consult with an attorney before deciding to take a hard line position. Meanwhile, it's always preferable if he can schedule his travel so it's when his children are not there.

[Tikki]

it does in our case.  She has already lost once.

There is no rights of first refusal.  Custody/Parenting plan specifies that if the parent is working and are it is during that said parents time, there are no restrictiosn about placement with the child - it is left to the discretion of the parent - ie:  Childcare provider, babysitter, grandparent, nanny, or stepparent.