Reply to Custody agreement - clauses regarding school attendance

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I'm the odd one out. No way to vacation in lieu of school. And a judge WILL back you up, and may take away visitation if it continues. There is case law of parents (out of state) having to give up summer visitation bc the child was required to be in summer school. School is important, even when it's elementary school.

Also, finding out from your child's school that the child is not in attendance?? NOT ok. Document, document, document. (I'm a single parent in DC, had 2 custody battles in NYC, one was when I needed to move to DC)[/quote]

A judge is not going to take away visitation for a couple of missed school days a semester, especially if it doesn't impact grades.

The situation OP describes is far different from the summer school case you describe above.  Presumably a kid is only in summer school because they are not doing well in school already.

In fact, if that's your only beef -- 2-3 days of missed school a semester in ES, a judge is going to be pretty irritated to see you before him wasting the court's valuable time asking for a custody change for solely that reason.  The judge is also not going to care if your only beef is that the school is calling you about missed time, rather than the other parent contacting you.  Yes, your ex is an ass for not telling you this directly, but, unfortunately, the court sees a lot of parents who are asses, but their behavior doesn't rise to the level of justifying a parenting change.

Now, it's different if pulling the kid out of school resulted in losing the student's seat or a serious academic deficiency, for that you may want to go back to court.  That is why you have to document as it's happening -- to be prepared for that eventuality.  [/quote]

I'm the OP. Taking a vacation in lieu of going to school is not okay with me either. I think it's important for her to go to school and him pulling her out of school to go do "family enrichment" things makes it harder for me to reinforce the message that school is important and she must attend when she just doesn't want to go. I'm fine with having mental health days, or special trips, but those things have to come with notification as well and cannot happen every month.

I'm certainly not going to take him to court over a weekend vacation, but it's a larger pattern of behavior that makes me think that he just doesn't feel like he needs to comply with any part of our custody agreement. There are a lot of other issues. I just didn't list them here because they're not areas where there is any room for debate.[/quote]

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