lawmoe - MN Question

[hisliltulip]

DH was awarded physical custody of SS earlier this year, due to BM's irresponsibility and partying.

Here is how BM's parenting time reads:

Respondent will have parenting time with CHILD as follows:

a. While in daycare, BM to pick up CHILD from daycare on Wednesdays after 3:30pm and returning to daycare Thursday mornings by 9:00am.

b. After CHILD begins school, Child to be with BM after school on Tuesdays until the beginning of school on Thursdays, provided that he shall be in school on time Wednesday and Thursday.

c. Alternating weekends from Friday after school or daycare and return to daycare by the time it starts on Monday or to school by the time it starts on Monday.

SS starts kindergarten in two weeks.

So, here's our question:

In two years BM got SS to preschool on time 6 times. Therefore, we are pretty sure that she will not be getting him to school on time consistantly once he starts in a few weeks.

Once she does end up dropping him off late, what would DH's next action be?

At this point DH's plan is this (which we received from his attorney)...

After the second documented tardy, he will send certified letters to BM, the school, and the court file (with the documented tardies attached), letting BM know that she has forfeited her right to midweek parenting time with SS.

Is this right, or should it be handled differently?

Thanks for your help!

[hisliltulip]

bmp

[Lawmoe]

A court can change a parenting schedule when it is the best interests of the child under Minnesota Law.  However, you should file no motion unless you have significant evidence.  The burden is on you and courts are reluctant to change shcedules.  

You should acquire documentation regarding the tardies at preschool.  You will also need many tardies or absences in kindergarten to have a realistic chance to change the schedule.  Certainly more than a couple. If the child misses assignements or has trouble with school as a result of the other parent's care, that should be documentsted as well. By all means doecument the tardies with a letter to the other parent retaining a copy for your records.

[Sunshine1]

Hi His,

I am in MN.  I have had this very issue go on in our family and here is what we were told in court from a county appointed (child protection) Guardian at litem;

Kindergarten is not a mandatory grade in MN neither is preschool.  Absolutely document the tardies BUT, they do not consider it to be mandatory that the child attend.

1st grade however, 7 tardies, or absences,  w/o a Dr. Appt, Dr. note, or a really good damn reason for not being in school is considered truant and that can be 7 times all year.

Only thing to do is DOCUMENT, DOCUMENT  and keep the report cards because it will show the absences on there..(if it isn't a mandatory grade I wonder why they keep track then???)  (helped us to have them)

I would certainly keep track and if it gets out of control...I would definately make a motion. :)  Good Luck!!

P.S Always call the school if he is going to be late or absent on your time, and get extra friendly with the school secretary. I believe they keep alog of who called in.  I talked to ours ALL the time. Chances are she will let you know if he is consistantly late as will the teacher.

[Lawmoe]

The only thing I would add is that in the decree they spelled out a different standard apparently concerned about the tardies.  That gives them a bit more latitude then what the law allows with regard to ansences..

[hisliltulip]

The judge specifically put it in there because the preschool was court ordered for YSS to attend.  BM would drop him off after the curriculum had been completed (basically for lunch and naps, sometimes free play time).

I will take into consideration what you said about using more than two tardies.

We are hoping to keep this out of court, as we still owe DH's attorney about 4k, and to be perfectly honest, we don't have the extra cash right now should she screw up.

But, we will do what needs to be done for this child.

Thanks for your responses, I really appreciate it!