summer visitation vs school

[SRH]

Missouri
I was awarded custody of our child because his dad moved him without the proper notification as our decree States. As well as his constant failing grades over several years. Well he lives is missouri and I live only an hour away from him. Our parenting plan States dad gets first two weeks of June July and august starting on first Friday of each month. We've stuck to schedule so far. In August it turns out his 2week visitation is during the start of new school year. I've asked him for two months now if switching to a week earlier would be ok so he can start school on time and he can still have is full two weeks visitation since neither of us can reschedule without both parties agreement and he is refusing. I told him I can't force him to switch to earlier week but if he wanted to keep designated times as papers say he will need.to transport him to and from school that week. Can I file a contempt if he makes our child miss whole first week of school? I understand if papers specify certain times he can keep him but does that change if it interferes with school? Or is it illegal for him to with hold him from school just because it's still him scheduled summer visitation?

 

[SRH]

summer schl

I was awarded custody of our child because his dad moved him without the proper notification as our decree States. As well as his constant failing grades over several years. Well he lives is missouri and I live only an hour away from him. Our parenting plan States dad gets first two weeks of June July and august starting on first Friday of each month. We've stuck to schedule so far. In August it turns out his 2week visitation is during the start of new school year. I've asked him for two months now if switching to a week earlier would be ok so he can start school on time and he can still have is full two weeks visitation since neither of us can reschedule without both parties agreement and he is refusing. I told him I can't force him to switch to earlier week but if he wanted to keep designated times as papers say he will need.to transport him to and from school that week. Can I file a contempt if he makes our child miss whole first week of school? I understand if papers specify certain times he can keep him but does that change if it interferes with school? Or is it illegal for him to with hold him from school just because it's still him scheduled summer visitation?

 

[Zigner]

I was awarded custody of our child because his dad moved him without the proper notification as our decree States. As well as his constant failing grades over several years. Well he lives is missouri and I live only an hour away from him. Our parenting plan States dad gets first two weeks of June July and august starting on first Friday of each month. We've stuck to schedule so far. In August it turns out his 2week visitation is during the start of new school year. I've asked him for two months now if switching to a week earlier would be ok so he can start school on time and he can still have is full two weeks visitation since neither of us can reschedule without both parties agreement and he is refusing. I told him I can't force him to switch to earlier week but if he wanted to keep designated times as papers say he will need.to transport him to and from school that week. Can I file a contempt if he makes our child miss whole first week of school? I understand if papers specify certain times he can keep him but does that change if it interferes with school? Or is it illegal for him to with hold him from school just because it's still him scheduled summer visitation?

It won't be contempt if he's following the order.

 

[Just Blue]

It won't be contempt if he's following the order.

But don't you "think" a Judge will be...upset...about Dads disregard for the childs schooling? Given Dads past disregard?

 

[I'mTheFather]

I'm surprised the parenting plan didn't mention the start date of school anywhere in it. OP should have filed for a modification when the school calendar was first published.

 

[Ohiogal]

I was awarded custody of our child because his dad moved him without the proper notification as our decree States. As well as his constant failing grades over several years. Well he lives is missouri and I live only an hour away from him. Our parenting plan States dad gets first two weeks of June July and august starting on first Friday of each month. We've stuck to schedule so far. In August it turns out his 2week visitation is during the start of new school year. I've asked him for two months now if switching to a week earlier would be ok so he can start school on time and he can still have is full two weeks visitation since neither of us can reschedule without both parties agreement and he is refusing. I told him I can't force him to switch to earlier week but if he wanted to keep designated times as papers say he will need.to transport him to and from school that week. Can I file a contempt if he makes our child miss whole first week of school? I understand if papers specify certain times he can keep him but does that change if it interferes with school? Or is it illegal for him to with hold him from school just because it's still him scheduled summer visitation?

Does it define Summer visitation? What does the order state regarding school attendance?

 

[Zigner]

But don't you "think" a Judge will be...upset...about Dads disregard for the childs schooling? Given Dads past disregard?

I think that this isn't an issue yet.

 

[SRH]

Does it define Summer visitation? What does the order state regarding school attendance?

It's different states but it just says father gets summer.visitation first two weeks of June July n August starting first Friday of each month. His school here starts sooner then his old school would. My attorney told me to advise them we could file contempt if he failed to take child to school and pick up. It's not a contempt to keep scheduled times but it is apparently a contempt to keep child from school. Especially after the determination for the switch was because of educational neglect. It's not in beat interest of child to miss school.

 

[SRH]

I'm surprised the parenting plan didn't mention the start date of school anywhere in it. OP should have filed for a modification when the school calendar was first published.

At the time of modification the next year's school calender wasn't available. Plus we didn't know when first day of school would be

 

[I'mTheFather]

So, in what state are you? Which state issued the orders?

And normally, plans will specify that the child be returned before the first day of school.

 

[SRH]

So, in what state are you? Which state issued the orders?

And normally, plans will specify that the child be returned before the first day of school.

It doesn't specify that. And mo issues the order and I'm in arkansas

 

[I'mTheFather]

Well, as has been advised, you'll just have to wait and see.

Pretty much what your attorney told you.

 

[stealth2]

At the time of modification the next year's school calender wasn't available. Plus we didn't know when first day of school would be

Didn't we look look back at when school started in previous years? Call the school district to inquire and explain why it was important?

 

[SRH]

Didn't we look look back at when school started in previous years? Call the school district to inquire and explain why it was important?

That isn't my issue. It's my child missing.school after several years of failing and horrible grades and summer.school.

 

[I'mTheFather]

You don't even know whether or not the father plans to get him to school. If you wanted to be proactive, you would have considered doing something about the plan when the school calendar was published, not halfway through the summer.