Summer Visitation Question

[justlilolme]

What is the name of your state? Missouri

I have a question regarding summer visitation. There is a current court order that awards both mother and father joint legal and physical custody. Child resides most of the year with mother and has specified visitation with father.

Summer Custody and Visitation reads ...(Father's Name) shall have visitation with the minor child during her summer vacation from school. The visitation period shall not begin sooner than one week following the end of school for the summer vacation and end not later than one week prior to the start of school in the Fall. (Mother's Name) shall have two weeks of uninterrupted visitation during the child's summer vacation from school. (Mother's Name) shall notify (Father's Name) in writing of her two week summer visitation period by May 1 of each year. If (Mother's Name) exercises her two week period in conjunction with her one week after school is let out for the summer or in conjunction with her one week before school starts in the Fall, (Father's Name) shall be responsible for providing all transportation and all transportation costs of the child. If (Mother's Name) exercises her two week period during the middle of (Father's Name) summer custody, then (Mother's Name) shall be responsible for providing all transportation and all transportation costs of the child.

Advancement of Health, Education and Growth reads ... Both shall earnestly advance the child's social and academic needs, goals and commitments, even though they may not always agree on how best to acheive these objectives. They shall regularly confer with one another when making decisions affecting the child, to the end that each of them shall have a serious voice on issues regarding training, education, growth and development. Areas in which they shall confer include, but are not limited to, choice of school, college, summer camp, special tutoring, music, art, dance, and other cultural lessons, participation in athletics and other extracurricular activities, psychological or psychiatric treatment and counseling, doctors, surgeons, and in all other material areas affecting the child's health, education and welfare. They may from time-to-time disagree on some matters. If they do, final decisions affecting the child shall be made by the parent who then has psysical custody of the child. Each parent shall notify the other as soon as possible of any activity, such as a school conferences or program, where parents are invited to attend. The presence of both parents at these functions shall be encouraged and welcomed.

So now for my question ...
The last day of school for the 'regular' school year is May 20. Mom wants to put the child in summer school due to her grades and struggles throughout the school year. The decision regarding summer school needs to be made by May 6 so the paperwork can be turned into the school.

Summer school runs from June 6 through July 1. Dad objects to summer school because it greatly decreases his summer visitation time.

In accordance with the court order isn't mom entitled to make the final decision regarding summer school, regardless of dad disagreeing?

In accordance with the court order wouldn't the child's 'summer vacation' start on July 1, 2005 if she is enrolled in summer school?

 

[Starry809]

in the parenting plan papers there is an area ( in some) that address this situation. at the end of the section regarding who gets the children what holidays, vacations, school year, there is a section that gives priority to individual times. usually school takes precedence over most of the others. But read the section in your own parenting plan to see.
Personally, if it was my kid, school would be the most important, and Id see if there was any way to work out a compromise whereby child attended summer school in dads custody. this way dad gets his way, and mom gets hers. its all about compromise. kids come first and mom and dad cooperating makes everything SO much easier (and cheaper).

 

[Ron1347]

Okay...you've hit on EXACTLY the same situation that my 8 year old grandson, his dad, and his mother, are facing right this very second! We are 'Michigan', IF that matters.

8 year old grandson is very likely not going to pass to the next grade at the end of this school year. 'Both' parents are wanting him to attend 'Summer School', so he isn't held back a grade. That's the 'one thing' they agree on.

However...dad lives in Michigan. Mom lives in Kentucky. Mom 'refuses' to miss out on 'any' of 'her' summer visitation though. Dad would do it, just to 'screw mom', as much as not have his little boy not be held back. But, I digress.

Anyway...'I', spoke with appropriate Michigan/Kentucky educational authorities 'myself'. 'I', discovered that, my 8 year old grandson can in fact do his Summer Schooling 'in Kentucky', with his mother, and, Michigan 'will' recognize Kentucky's Summer School accreditation. Problem solved!

Would that by any chance help with the situation that 'you' face?

 

[CJane]

In my non-legal opinion...

If dad's custody period begins one week after school is out (and I would assume that would be May 20, as it's the end of the official school year), then summer school falls during HIS custodial time, and it would be HIS decision to make, according to your parenting plan.

I'd do what other posters have suggested and see if the father would allow the child to attend summer school in his area. However, you may have to 'prove' to him why summer school will advance the child's educational needs when a full school year failed to do so.

How old is the child? What are the child's 'struggles'?

 

[NMJustice]

maybe I shouldnt put my two sense in here but I am anyways LOL Isnt anyone considering what is in the best intrest of the child. I understand wanting to screw the other parent over because of bad feelings and such but the whole point is being lost here...it is about the CHILD and not about how the parents feel about each other. I have alot of experience with issues of custody in my state (New Mexico ) and have found that our state sucks when it comes to that issue, but the courts anywhere will reconize the best intrest of the child and if summer school is what is best for the child then too bad that he or she will miss out on a few weeks with dad.

 

[stealth2]

maybe I shouldnt put my two sense in here but I am anyways LOL Isnt anyone considering what is in the best intrest of the child. I understand wanting to screw the other parent over because of bad feelings and such but the whole point is being lost here...it is about the CHILD and not about how the parents feel about each other. I have alot of experience with issues of custody in my state (New Mexico ) and have found that our state sucks when it comes to that issue, but the courts anywhere will reconize the best intrest of the child and if summer school is what is best for the child then too bad that he or she will miss out on a few weeks with dad.

And again - shouldn't the possibility of summer school at Dad's be explored? As well as why the kid actually needs summer school? Is Mom dropping the ball during the school year? Is Mom running with the kid maybe needing some additional work over the summer as a way for doing Dad out of time? All of that is relevant. What IS the child's need?

 

[CJane]

maybe I shouldnt put my two sense in here but I am anyways LOL Isnt anyone considering what is in the best intrest of the child. I understand wanting to screw the other parent over because of bad feelings and such but the whole point is being lost here...it is about the CHILD and not about how the parents feel about each other. I have alot of experience with issues of custody in my state (New Mexico ) and have found that our state sucks when it comes to that issue, but the courts anywhere will reconize the best intrest of the child and if summer school is what is best for the child then too bad that he or she will miss out on a few weeks with dad.

THe best interests of the child were taken into account when the original custody order was set out. The mother gets to make the decisions when the child is with her, the father gets to make them when the child is with him. Technically, the child will be with Father during summer school. So, it should be his decision to make.

I'm not a big fan of summer school in general. I think, too often, it's seen by students as punishment for doing poorly in school all year long, and used by parents as a way to avoid hiring tutorers during the school year. I find it incredibly difficult to believe that a child can 'catch up' in a few weeks what they clearly spent 9 months NOT learning. If I was father, I'd want good solid proof from mother that the child NEEDED summer school, that it was going to provide good solid help for her, and that everything had already been done throughout the school year to attempt to help the child with her 'struggles'.

 

[nextwife]

And the truth is that SOME kids may be better served by staying back a grade. "Advance" at any cost is not necessarilly a good policy. There are children in every grade who probably would thrive in the earlier grade, but are struggling and frustrated in their current grade.

Not all children that were started at a given age were really READY.

 

[TNBSMommy]

I find it incredibly difficult to believe that a child can 'catch up' in a few weeks what they clearly spent 9 months NOT learning.

I just want to add, when I was in high school, I SUCKED at Geometry. It was the only subject I couldn't seem to grasp.. I was making straight A's in every subject but that, and I failed it two years in a row... I went to summer school between my sophmore and junior year, and passed geometry with staright A's. The class had 7 students in it, we had longer times to concentrate and I had no other subjects to deal with... More one on one time with the teachers helped too... in summer school, at least used to be, you could only take like two subjects per summer... summer school does help in those instances if only one subject is holding the child back.

With that said, I do agree with you that it is used as a way to avoid helping the child out during the school year. My daughter was started a year early in school, in first grade she had MAJOR upheaval in her life due to her father and it cost her her detrimental skills she would have learned that year. I had her held back in fourth grade b/c of math(it was the only subject that she was doing poorly in~Gee, wonder where she gets that from, lol) and holding her back worked WONDERS for her.... she is now about out of 5th grade and makes A's and B's in math. I had also had her tutored, so that helped too...

I know this isn't really 'legal' but it may be some thing to think about.

 

[justlilolme]

In my non-legal opinion...

If dad's custody period begins one week after school is out (and I would assume that would be May 20, as it's the end of the official school year), then summer school falls during HIS custodial time, and it would be HIS decision to make, according to your parenting plan.

This is EXACTLY the question that I am hoping to get a bit of a legal interpretation on. According to the court order who has the authority to make the decision?

The decision has to be made by May 6 (while in mom's custody) in order to get the paperwork turned into the school.

If the child is enrolled in summer school then they are not on summer vacation yet. So what is the legal interpretation of when summer begins when summer school is involved.

The situation is quite simple really, if mom gets to make the decision the child will stay for summer school and dad will miss out on some time, for the benefit of his child's academic future. If dad gets to make the decision the child will not attend summer school and academics will not be a priority over the summer, at all.

I just really need a legal interpretation of when summer starts and who has the authority to make the decision.

Thank you, everyone, for your comments thus far.

 

[CJane]

If the child is enrolled in summer school then they are not on summer vacation yet. So what is the legal interpretation of when summer begins when summer school is involved.

Summer vacation begins at the end of the official school year. Summer school is as voluntary as summer camp is. The child is not required to attend, and any decisions regarding what the child does during the father's custodial periods are up to the father. Yes, the decision must be made earlier than that, but the actual time frame is his.

Contact an attorney in your area for an actual legal interpretation of the parenting plan, but I think you're going to find out that the decision to infringe upon his parenting time by sending the child to summer school is not yours to make.

 

[Ron1347]

Summer vacation begins at the end of the official school year. Summer school is as voluntary as summer camp is. The child is not required to attend, and any decisions regarding what the child does during the father's custodial periods are up to the father. Yes, the decision must be made earlier than that, but the actual time frame is his.

Contact an attorney in your area for an actual legal interpretation of the parenting plan, but I think you're going to find out that the decision to infringe upon his parenting time by sending the child to summer school is not yours to make.

My mind and education is not that of a 'legal' one, but, I do believe that CJane has hit the nail right on the head.

 

[justlilolme]

Summer vacation begins at the end of the official school year. Summer school is as voluntary as summer camp is. The child is not required to attend, and any decisions regarding what the child does during the father's custodial periods are up to the father. Yes, the decision must be made earlier than that, but the actual time frame is his.

Contact an attorney in your area for an actual legal interpretation of the parenting plan, but I think you're going to find out that the decision to infringe upon his parenting time by sending the child to summer school is not yours to make.

I am not trying to agrue, but trying to understand. To me, the court order reads that if mom and dad don't agree then the decision is made by the parent who THEN has physical custody of the child. To me, that says at the time that the decision has to be made.

No one is trying to infringe on anyone's time and both parents love their child very much. Dad's feelings are just hurt because he lives so far away and doesn't get a great deal of time with his child. Mom doesn't trust dad to handle summer school because dad doesn't even make sure the child gets homework done when the child is on visitation with him at all and that is one of the reasons for the poor grades. Dad tends to spend his time with the child wanting to amusement park type things rather than real parenting things, like summer school. Not to knock dad, it is understandable considering his feelings and the situation; however, it is the child's personal growth and needs that need to be taken into consideration.

 

[CJane]

I am not trying to agrue, but trying to understand. To me, the court order reads that if mom and dad don't agree then the decision is made by the parent who THEN has physical custody of the child. To me, that says at the time that the decision has to be made.

This is where I believe that you're incorrect. Again, speak to an attorney (many offer free consults) in your area, but don't be at all surprised to learn that any decisions made NOW that affect HIS custodial period are not yours to make.

 

[Ron1347]

This is where I believe that you're incorrect. Again, speak to an attorney (many offer free consults) in your area, but don't be at all surprised to learn that any decisions made NOW that affect HIS custodial period are not yours to make.

Again...I truly do believe that is exactly what you are going to come up against! Exactly as CJane is trying to tell you! I will be very curious to see what you do indeed end up with!