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  1. #1
    TxPE2011 is offline Member
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    School enrollment and presenting custody order

    What is the name of your state (only U.S. law)? Texas

    Hello

    I have already contacted my attorney's office, however he is on vacation and his paralegal does not know the answer. I'm kind of in need of an immediate answer or at least a solution until he returns.

    I am enrolling my daughter in school tomorrow for the new school year. In June I attended mediation to finalize a petition for modification. We settled and came to an agreement. Opposing counsel wrote up the final order and sent it over in early July.

    There were some errors that needed to be fixed before I would sign it. That still has not been done so the final order has not been filed with the clerk for the judge's signature. Nothing changed in custody or visitation at mediation. The only modification that was made were health insurance responsibility, child support, some additional permanent injunctions.

    I must have a copy of the current custody agreement when I enroll my daughter at school tomorrow to prove I am the custodial parent with exclusive right to designate the residence, exclusive rights over education and the right to designate a competent adult for pick up.

    Since the 'pending' final order and my divorce decree state these same things, can I use my divorce decree at enrollment? Then when the final order is signed on the modification, I could give them a new copy at that time?

    The school made it sound like I would not be able to enroll my daughter without proof she resides with me.

    Thank youWhat is the name of your state (only U.S. law)?
  2. #2
    TxPE2011 is offline Member
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    I also have a second question in regards to interpretation of the possesion order that has to do with the start of the school year possesion schedule.

    Should I post another thread or can I ask under this same thread?

    Thanks
  3. #3
    2MsWife is offline Member
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    Until you have a new order, the old order controls. Give that to the school. You already said that custody didn't change, so what's the problem?
  4. #4
    2MsWife is offline Member
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    Quote Originally Posted by TxPE2011 View Post
    I also have a second question in regards to interpretation of the possesion order that has to do with the start of the school year possesion schedule.

    Should I post another thread or can I ask under this same thread?

    Thanks
    I think it's best if you start your own thread.
  5. #5
    TxPE2011 is offline Member
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    Quote Originally Posted by 2MsWife View Post
    I think it's best if you start your own thread.
    Are you meaning a new thread? This is my thread and since it falls under the school umbrella, I didn't want it to seem that I was double posting.

    Thanks!
  6. #6
    2MsWife is offline Member
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    Quote Originally Posted by TxPE2011 View Post
    Are you meaning a new thread? This is my thread and since it falls under the school umbrella, I didn't want it to seem that I was double posting.

    Thanks!


    Doh! Sorry, read too quick!

    In that case, keep all your questions in 1 thread.
  7. #7
    stealth2 is offline Senior Member
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    I'm not seeing what the problem is - you have a valid order that states you have custody. Give that to the school.
  8. #8
    TxPE2011 is offline Member
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    Quote Originally Posted by 2MsWife View Post
    Until you have a new order, the old order controls. Give that to the school. You already said that custody didn't change, so what's the problem?
    I'm glad you asked that because that is probably important.

    The new pending order and the divorce decree are worded the same for possesion and access.

    However, the 'old' order, most recent before the mediation was an interim order that states dad is to have expanded possesion until June 2011. In April, we were referred to mediation to avoid a final trial.

    Most importantly, my relationship with my ex husband is anything but amicable. He has been pretty much put through the woodchipper by my attorney and the judge, therapists, social workers, etc. So it is fair to say, he looks for my faults constantly. I am very careful not to make a mistake which is why I am hypersensitive about this specific concern. Especially where the school is concerned.

    Thanks
  9. #9
    TxPE2011 is offline Member
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    Quote Originally Posted by stealth2 View Post
    I'm not seeing what the problem is - you have a valid order that states you have custody. Give that to the school.
    I'll give the school a copy of the divorce decree since it has the signature of the judge. Get her enrolled tomorrow. Next week, before school starts, I should be able to get an answer from my attorney on how to go forward with the new order. Hopefully it will light a fire to get the new order fixed and filed.

    Is it appropriate to take out pages of the decree that the school does not need? Such as the page where child support, health insurance, and the division of the marital property is listed? Ex: I only make a copy of the first however many pages that pertain to the child and to custody etc and then a copy of the signature page? Taking out the 'guts' of the actual divorce where support, spousal support, property etc are listed.
  10. #10
    TheGeekess is offline Senior Member
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    Quote Originally Posted by TxPE2011 View Post
    I'll give the school a copy of the divorce decree since it has the signature of the judge. Get her enrolled tomorrow. Next week, before school starts, I should be able to get an answer from my attorney on how to go forward with the new order. Hopefully it will light a fire to get the new order fixed and filed.

    Is it appropriate to take out pages of the decree that the school does not need? Such as the page where child support, health insurance, and the division of the marital property is listed? Ex: I only make a copy of the first however many pages that pertain to the child and to custody etc and then a copy of the signature page? Taking out the 'guts' of the actual divorce where support, spousal support, property etc are listed.
    That would make sense to me. I'd hate for the folks at the school to know all my private business.
  11. #11
    stealth2 is offline Senior Member
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    Quote Originally Posted by TxPE2011 View Post

    Is it appropriate to take out pages of the decree that the school does not need? Such as the page where child support, health insurance, and the division of the marital property is listed? Ex: I only make a copy of the first however many pages that pertain to the child and to custody etc and then a copy of the signature page? Taking out the 'guts' of the actual divorce where support, spousal support, property etc are listed.
    That's all I provided to my kids' school.
  12. #12
    2MsWife is offline Member
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    Quote Originally Posted by TheGeekess View Post
    That would make sense to me. I'd hate for the folks at the school to know all my private business.
    Agreed. That's what I've always done when registering my daughter. I don't think the school needs to know the details of our property division, etc. All they've always been concerned with was custody.
  13. #13
    TxPE2011 is offline Member
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    Quote Originally Posted by 2MsWife View Post


    Doh! Sorry, read too quick!

    In that case, keep all your questions in 1 thread.
    My second question is relating to when the regular school year starts.

    The order says that dad has access on each Thursday during the regular school term when school is dismissed to Friday when school resumes.
    1st 3rd and 5th weekends beginning Friday when school is dismissed to Monday when school resumes.
    There is also a section that states weekend extended by holiday, student holiday, teacher in service day. If a student holiday/teacher inservice day falls on a Friday of the possessory conservators weekend, that weekend shall begin on Thursday when school is dismissed.

    It also states that this is to be determined by the school in which the child is enrolled.

    On the school calendar, next week is ALL teacher inservice days/student holidays. The first day of school is listed as '1st day of term 1, semester 1)

    Since the school designates next week as 'teacher inservice/student holiday' am I to interpret this order to mean that my daughter is to go to her father's Sunday night (the evening before the student holiday) and will not be returned until a week later on Monday 'when school resumes'?

    The weekend before school starts is the 3rd weekend, which is her weekend at her dad's.

    I know this sounds VERY petty and I'm sure there are lots of rolling eyes... Trust me, I rolled my eyes too when I looked at the calendar... But we were in a horrid modification for almost 5 years (see above is still not 'final') and the petty nitpicky things are still going on. I have calmed down a lot over the last few years but unfortunately the other side is still very angry and continues to cause problems and complains about everything. So this is actually very minor.

    If her father doesn't say anything to me about picking her up at all this week, I am not going to say anything first. If he picks her up on Friday at 6 as planned for his summer access.. I am wondering if he will interpret the order to mean, he gets to keep her until Monday when school resumes instead of returning her at 6pm on Sunday, per the summer schedule.

    Does school start on Monday, the first day? Or on Monday the first day of teacher inservice?
  14. #14
    TxPE2011 is offline Member
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    Quote Originally Posted by 2MsWife View Post
    Agreed. That's what I've always done when registering my daughter. I don't think the school needs to know the details of our property division, etc. All they've always been concerned with was custody.
    Thank you all -- that makes sense to me too. I absolutely do not want the busy bodies In the office knowing how much spousal support I received or child support..or the division of my property and assets.

    I have not ever had to give a copy of the decree because for as long as my daughter has been in elementary school, we have been in this modification suit and I have only had to give the temporary orders that were current at that time.

    I am so ready for this to be final so I don't have to keep 'updating' the school of my very personal custody disputes at every hearing. I want that final order! Lol

    Thanks again
  15. #15
    TxPE2011 is offline Member
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    My signature:

    To stepparents who like to over-step: You didn't marry the other parent, sleep with the other parent, make babies with the other parent, and split from the other parent. So you should MYOB and leave the parenting to the childrens' PARENTS.

    P.S. I'm a step-mom, married to a custodial parent dad, so I'm 100% qualified to make that statement.


    I like this lol

    My ex husband's wife wants to be the only contact between their household and me ... The judge told her something very similar to this. It was a very quiet moment in the court room.

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