RE: Decisions involving school???

[ER]

Soc,

Had final trial today and won from the ex's motions she filed agasint me.
One area that I feel is still grey is school. Although I thought I was the residential parent being that it was never stated in our parenting plan (we have shared-parenting but not a true 50/50 visitation) There is a clause in regards to school that states:

"Father is designated resdiential parent for school purposes"

1. By this decree what are my rights in regards to schooling?

2. Does my ex have the right to fill out school papers being that she is NOT the residential parent for school purpsoes?

To clairfy that last question: My ex filled out a form for reduce lunches at school today for our son. at school. The information she provided was regarding herself as well as indicating that our child resided with her by listing her address. This has been a slight ongoing problem with the school as they cannot figure out who has what just by the parenting plan.

3. What are my ex's rights in regards to this decree and given that we have shared-parenting, what can she do and not do?

4. What if anything can I or my attorney do to convey to her in a nice way what is right or wrong...(my ex gets upset quite a bit)

Thanks

[williaer]

Not a legal answer- but we had this same thing come up this year for my SD's school. My husband is the "residential parent for school purposes" and the student services lady said that dad has to sign all forms, because he enrolled her and he lives in the district. Mom is sort of a NCP in their eyes. NOW- I don't know how true that is in the real legal world- but that's what the school told us!

BTW- BM was trying to pull the same crap in our case...didn't work.

[ER]

yes, BM has pulled stuff many times because she is a Social Worker as uses this to scare others.

She has already went as far as to claim the EIC on 2 years taxes by stating our son lves with her more than 6 months.  

I wonder how that is when school is approximately 9 months out of the year and he lives with me!!!

[socrateaser]

>>"Father is designated resdiential parent for school purposes"
>
>1. By this decree what are my rights in regards to schooling?

Kid goes to school in the district in which you reside.

>
>2. Does my ex have the right to fill out school papers being
>that she is NOT the residential parent for school purpsoes?

Sure, but she must list your address as the child's home.

>To clairfy that last question: My ex filled out a form for
>reduce lunches at school today for our son. at school. The
>information she provided was regarding herself as well as
>indicating that our child resided with her by listing her
>address. This has been a slight ongoing problem with the
>school as they cannot figure out who has what just by the
>parenting plan.

BZZZ! That's wrong.

>
>3. What are my ex's rights in regards to this decree and given
>that we have shared-parenting, what can she do and not do?

Question is way too open ended. Please be specific.

>
>4. What if anything can I or my attorney do to convey to her
>in a nice way what is right or wrong...(my ex gets upset quite
>a bit)

Don't bother. Go to the school, hand the administrator a copy of your order and ask to have the address info changed.

[ER]

>>3. What are my ex's rights in regards to this decree and
>given
>>that we have shared-parenting, what can she do and not do?
>
>Question is way too open ended. Please be specific.
>

Soc, I guess by that question I mean:

 Who would have the final say so regarding school issues if a conflict arose with no agrement between us?

We just finshed a year in court for medical decison making giving me the rights after a lot of confusion in the parenting plan. Being that we have a shared-parenting custody it is not a true 50/50. Our plan is so vague that even the school cannot figure out heads or tails even when I handed the "correct" papers to them.  The schools' concern is who makes the final decisons when both parites cannot agree as opposed to being a joint decision. This becomes a problem with the school given our child has special needs.  No where in the parenting plan does it say anything about. Same as when it was with medical decisions.

[socrateaser]

>
>
>>>3. What are my ex's rights in regards to this decree and
>>given
>>>that we have shared-parenting, what can she do and not do?
>>
>>Question is way too open ended. Please be specific.
>>
>
>Soc, I guess by that question I mean:
>
> Who would have the final say so regarding school issues if a
>conflict arose with no agrement between us?
>
>We just finshed a year in court for medical decison making
>giving me the rights after a lot of confusion in the parenting
>plan. Being that we have a shared-parenting custody it is not
>a true 50/50. Our plan is so vague that even the school cannot
>figure out heads or tails even when I handed the "correct"
>papers to them.  The schools' concern is who makes the final
>decisons when both parites cannot agree as opposed to being a
>joint decision. This becomes a problem with the school given
>our child has special needs.  No where in the parenting plan
>does it say anything about. Same as when it was with medical
>decisions.

If you have joint custody and you share substantially 50/50 time, and nothing else is stated regarding who makes final decisions concerning the child's day to day needs, then you both have full authority to direct the child's upbringing, which means the last vote wins. So you better get to court and have the judge clarify your respective rights and duties.