Can NCP excuse daughter from school?

[lovemydaughter]

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

I am wondering since my ex has no custodial rights whatsoever can he ever excuse our daughter from school without me knowing? He tried this yesterday for an appt. and I was at the school and prevented her from leaving. Thanks!

 

[LdiJ]

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

I am wondering since my ex has no custodial rights whatsoever can he ever excuse our daughter from school without me knowing? He tried this yesterday for an appt. and I was at the school and prevented her from leaving. Thanks!

So, are you saying that you have sole custody and he has visitation rights?

 

[lovemydaughter]

Yes that is what I am saying. I have sole custody.

 

[LdiJ]

Yes that is what I am saying. I have sole custody.

You will get different/opposing answers here. I believe that the way that the law reads is that he has access to the child at school, but cannot remove the child from school if you have sole custody.

Others think that he can remove the child from school.

However, what kind of appointment was it? Because he CANNOT schedule any kind of medical, dental or counseling appointment without your permission.

I would instruct the school not to release the child to him without contacting you for permission.

 

[haiku]

The school will need to have your custody orders on file, for you to restrict the father from having access to the child.

 

[lovemydaughter]

My custody order is on file. I thought they always had it but as of yesterday they officially made a copy of my divorce that says I have sole custody. They also have a copy of the physical visitation.

It was a counseling appt. so now I know he cannot take her no matter what thank you so much. I feel so much better having a legal opinion on this. Waiting to hear from my atty. on this.

The mediator contacted the NCP only 2 evenings ago not me. This person is disallowed from contacting me per my atty. So this was all done behind my back. His atty. is infamous for doing things on the sly without informing my atty. Thank goodness I have my atty.s cell phone no.

 

[wileybunch]

Yes that is what I am saying. I have sole custody.

If what you're saying is that he has visitation rights, does that mean you have sole PHYSICAL custody? Or do you also have sole LEGAL custody? If you do not have sole LEGAL custody, then this statement you made is not true:

I am wondering since my ex has no custodial rights whatsoever can he ever excuse our daughter from school without me knowing? He tried this yesterday for an appt. and I was at the school and prevented her from leaving. Thanks!

 

[lovemydaughter]

If what you're saying is that he has visitation rights, does that mean you have sole PHYSICAL custody? Or do you also have sole LEGAL custody? If you do not have sole LEGAL custody, then this statement you made is not true:

I have both physical and legal custody. We share visitation only.

 

[wileybunch]

I have both physical and legal custody. We share visitation only.

Does your court order say that you have SOLE legal custody? If Dad has visitation, it mostly likely does not.

 

[Zigner]

Does your court order say that you have SOLE legal custody? If Dad has visitation, it mostly likely does not.

I have sole and the ex has "reasonable" visitation...

 

[Bloopy]

Barring a restraining order preventing him from accessing his child, the school has no grounds to stop him.

They can call you, stall him, and question him so he backs off, but it’s not their obligation or authority to enforce the custody order.

If Dad is getting the child against the order, interfering with your custodial time, or taking the child to appointments against your wishes, you could pursue contempt charges.

Depending on the circumstances, you could get an order in place barring him from accessing the child at school.

 

[lovemydaughter]

Does your court order say that you have SOLE legal custody? If Dad has visitation, it mostly likely does not.

The order says no other modifications have been made.

 

[lovemydaughter]

Barring a restraining order preventing him from accessing his child, the school has no grounds to stop him.

They can call you, stall him, and question him so he backs off, but it’s not their obligation or authority to enforce the custody order.

If Dad is getting the child against the order, interfering with your custodial time, or taking the child to appointments against your wishes, you could pursue contempt charges.

Depending on the circumstances, you could get an order in place barring him from accessing the child at school.

That's EXACTLY what he did thank you for posting that!! I instructed the school and principle to contact me immediately should he pursue this again.

 

[wileybunch]

The order says no other modifications have been made.

Sorry, that doesn't answer my question. It's not very common for a parent to have visitation only without any legal custody (it's not unheard of, just not how the majority of custody orders are done). That's why I asked you if you have sole legal custody - that was my question.

 

[lovemydaughter]

Sorry, that doesn't answer my question. It's not very common for a parent to have visitation only without any legal custody (it's not unheard of, just not how the majority of custody orders are done). That's why I asked you if you have sole legal custody - that was my question.

we have visitation but I have legal custody.