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Primary custody and school

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Honestly, I feel there are certain things that should be handled by mom; it's not step mom's place, especially if mom is an active part in the daughter's life.

It wasn't something that needed immediate handling, more of let's say a grooming issue. Something certainly I don't need his permission for, I would assume. If were other issues, of course stepmom should be there for her, but still I think it should be encouraged that our daughter discuss things with mom.
 


Look, I have a stepdaughter, as well. I would never consider interfering with her relationship with her mother. I would not be the one to try to do things first with her. I would never tell her that her mother doesn't know how to take care of her and her baby sibling. I leave the major disciplining to her father because I know it's not my place. I wouldn't punish her for not calling me mom.
 

mommyanme

Member
Honestly, I feel there are certain things that should be handled by mom; it's not step mom's place, especially if mom is an active part in the daughter's life.

It wasn't something that needed immediate handling, more of let's say a grooming issue. Something certainly I don't need his permission for, I would assume. If were other issues, of course stepmom should be there for her, but still I think it should be encouraged that our daughter discuss things with mom.
I think you still need to grow up some and I do mean that in a nice way.

Ask yourself, is the "grooming" thing a hill to die on? No

Is your rights as Mom with joint custody a hill to die on? Yes

Is your daughter's right to be a kid and not dragged in the middle, a hill to die on? YES

See the difference in significance?

Let the small stuff go, when you do, you save your DAUGHTER the backlash from Dad and Step. Don't argue with him when he sends those emails, just be a parent and eventually he will get the idea that control isn't happening. When it comes to the major decisions, then discuss. In a sec I'll teach you something I learned that helps me get through the emails like you received.

Clarification is when the parties ask the judge to specify exactly what the order means so there is no more confusion and no more of one party trying to rule the other, you don't present your case again per say, you present the items that need clarified.

Now as for the email....


I believe it is you who are mistaken in your understanding of visitation. You do not have the same rights for day-to-day decisions and while you do have say in what goes on while daughter is in your care - to an extent, you need to realize that I need to be informed in what and where Daughter is doing. If she is spending the night or leaving the state I am to be aware of it. Visitation is simply the time the parent who does not have "Physical and Legal custody" spends with the child. It does not give you the vast overreaching decision making power you claim to have. I do not know where you are getting your information but it is simply not accurate. I have discussed this in detail with my attorney and he agrees.

As I started by saying, I in no way want to be confrontational about any of this but I think it is time that you abide and respect the ruling made well over a year ago. My concern is for Daughter's care and best interest and the excuse that you " are Daughter's mother" is simply not good enough. Visitation does not
allow you to blanket parent "as you see fit". Legal custody allows for me to make the major decisions in her life and that include but is not limited to school, healthcare, religious upbringing, and discipline. I feel that if I come to you with a concern about who and where she spends the night, how homework is to be done or if she should or shouldn't have a cell phone then you should respect that and realize it comes from a place of care and concern. Rather than simply refuting the concern because you are her mother, lets try the Co-parenting attitude you strive for.

I have recently come to find out that due to your new work schedule you have been unable to pick Daughter up from school and incidentally she has been left at school with Your friend. I do not feel this is in Daughter's best interest and would like to see an alternative that provides for Daughter to have stable and consistent after school routine. Daughter has expressed concern that she doesn't know where she is going from one day to the next. This is causing her anxiety that is completely avoidable if she had a stable routine while in your care.

Finally, as I have mentioned before, there are to be no disparaging remarks made to or around Daughter about the other parent. Daughter came home today and mentioned that you told her you were "mad at" me. While she did not go in to further detail I find the fact that you are open enough to tell her and express that you are mad (at me) to be disparaging and this is violation of the agreement. Let this serve as the final warning, I am trying to work with you and come to understanding of what is expected and time and time again you fight me every step of the way. I ask one last and final time that moving forward you abide by the order; respect it, myself and Stepmom and make decisions with Daughter's best interest in mind rather than what is easiest and best for you in the moment. If you cannot than I am prepared to file a Motion in the cause to address these issues.
Paragraph 1=
I see you are learning and I don't like it, I am losing control because you have apparently been speaking to someone who has told you your rights. I'd like to know who is telling you so I can slam their reputation and convince you again that you have no rights and I regain my power.

Paragraph 2= I don't want to be mean but I will if you don't remain under control.

Paragraph 3 = I am making a play for you to not have equal time even though you did find suitable arrangements for after school care. I'm trying to force you into something you don't need to agree to and I know it, but I want control. And you are forcing me to lose my control over you.

Paragraph 4= I and step have been questioning our daughter but I am going to blame you and make it look like you are a horrible person who speaks badly about us, when we are actually doing it (projection). I know I say I am concerned for daughter, but actually I'm just concerned with maintaining control. I'll threaten you with court and the fact I spoke with my attorney, because you'll never know what he actually said and I can make you believe anything. Now get back under control or I'll tell you we'll go back to court.


Do you see the theme when you read it a different way? See how much easier it is to get through it and pick out the fact that nothing needs to be responded to??
 
I do understand about what is important and not. I've not discussed this stuff about grooming with him. I don't argue with him. I don't respond to his stuff because usually there is no communication.

All the things I mentioned that have happened in regards to stepmom have been ignored. So the only issue is that he says I need permission.

I see when you look at it how you broke it down, what he is doing. I plan on not responding to his email.

I gave up a long time ago caring that I get to be the one who gets to show my daughter how to do things because they insist to do it first. Stepmom bought her a razor and showed her to shave, and my reaction was to ask him which razor so it would be consistent at both houses. I may have issue with their stuff, but I don't address it with them because it's pointless.

Does it make a difference who files for the clarification?

Again thank you for you help and time.
 

mommyanme

Member
I do understand about what is important and not. I've not discussed this stuff about grooming with him. I don't argue with him. I don't respond to his stuff because usually there is no communication.

All the things I mentioned that have happened in regards to stepmom have been ignored. So the only issue is that he says I need permission.

I see when you look at it how you broke it down, what he is doing. I plan on not responding to his email.

I gave up a long time ago caring that I get to be the one who gets to show my daughter how to do things because they insist to do it first. Stepmom bought her a razor and showed her to shave, and my reaction was to ask him which razor so it would be consistent at both houses. I may have issue with their stuff, but I don't address it with them because it's pointless.

Does it make a difference who files for the clarification?

Again thank you for you help and time.
It make no difference who files, but in my opinion, you do need it and maybe it will calm some of this down. Mind you him as primary, you do have to discuss major things with him and he has to discuss them with you, but it seems he has final say, but for day to day stuff in your home it's on you. But if you go for clarification also ask that daughter be put in therapy. She's needs it!
 
Thank you! I agree about the therapy. Until coming to this site, I thought I had no say because it was a medical decision.
 

mommyanme

Member
Thank you! I agree about the therapy. Until coming to this site, I thought I had no say because it was a medical decision.
I have joint legal with me as primary and I put our child in therapy without asking permission, ALL appointments for it were on my time and when we ended up in court the judge agreed with me. I don't know if Dad's 18 month disappearance had the judge taking my side or not. But from my attorney I understood that either of us could do it as long as the other parent was given the information.
 
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I am researching to prepare. Nothing addresses primary legal/physical custody. Everything is either joint or sole.

So you've been to court multiple times? I was told that the same judge hears the case he ruled on. Is this how it works?

Personal journals from what I understand are not admissible, hearsay isn't admissible as you've told me. The emails are possibly admissible? Can you give me an idea of what other kinds of documents would be relevant for a clarification hearing?

Have you ever had experience with the custody/ visitation clinics offered through legal aid of nc?

Thank you again very much.
 

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