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]

[b]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.[/b]

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 can't give too many details without outing the family, but a former student of mine had to miss an extra week of school each semester for court ordered visitation with her father who was abroad. The judge felt that briefly extending winter and spring break family time outweighed school attendance. The mom wrote the teachers all sorts of horrid emails, but life went on.[/quote]

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