Can NCP excuse daughter from school?

[wnbama]

we have visitation but I have legal custody.

Put word for word what your order states. We might be able to help you some more.

Here is the OK custody definitions:

Oklahoma laws define temporary custody as the decision made by the parents as to the custody of the child at their time of separation. Although this could be in the best interest of the child at the time of separation, it may not ultimately be in the best interest of the child.

Legal custody is the next step in the Oklahoma child custody process. Legal custody determines which parent, possibly both, is able to make the legal decisions for the child regarding education, health care, religion, and his/her general welfare. Joint legal custody and sole legal custody are the two different types of legal custody in Oklahoma. Joint legal custody splits the decision making responsibilities between the parents. Sole legal custody allocates all of the decision making power to one parent.

Physical custody is where the child actually lives within Oklahoma. Physical custody is split into two categories, sole physical custody and joint physical custody. Sole physical custody is defined as the parent the child actually lives with. The other parent will have visitation rights that were predetermined through mediation or by the Oklahoma court system. Joint physical custody is extremely rare in Oklahoma. Joint physical custody allows the child to live with both parents for predetermined amounts of time. Joint physical custody is rare because the courts need to think in the best interest of the child. With that said, Oklahoma courts consider which parent is more likely to allow frequent visits by the non custodial parent. Oklahoma courts do not judge parents on their gender or school district (public or private) they live in. In these difficult times, it is important to know that this decision will be based on what is in the best interest of the child.

If the custodian of the child/children is not following the Oklahoma court order dictating visitation rights, an appeal may be brought to the court based on the best interest of the child. With this appeal, comes the responsibility of all associated fee's which will be paid for by the non-prevailing party.

Child Custody Lawyers in Oklahoma City, Oklahoma * Oklahoma Family Law Center

 

[acmb05]

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.

So then how are you supposed to know when she sets an appointment if the mediator is not allowed to contact you? This seems rather strange to me.

 

[TinkerBelleLuvr]

It sounds like his attorney failed to inform her attorney.

 

[lovemydaughter]

It sounds like his attorney failed to inform her attorney.

EXACTLY!! They did it on the sly behind my back and my atty's back.

 

[lovemydaughter]

Put word for word what your order states. We might be able to help you some more.

Here is the OK custody definitions:

Oklahoma laws define temporary custody as the decision made by the parents as to the custody of the child at their time of separation. Although this could be in the best interest of the child at the time of separation, it may not ultimately be in the best interest of the child.

Legal custody is the next step in the Oklahoma child custody process. Legal custody determines which parent, possibly both, is able to make the legal decisions for the child regarding education, health care, religion, and his/her general welfare. Joint legal custody and sole legal custody are the two different types of legal custody in Oklahoma. Joint legal custody splits the decision making responsibilities between the parents. Sole legal custody allocates all of the decision making power to one parent.

Physical custody is where the child actually lives within Oklahoma. Physical custody is split into two categories, sole physical custody and joint physical custody. Sole physical custody is defined as the parent the child actually lives with. The other parent will have visitation rights that were predetermined through mediation or by the Oklahoma court system. Joint physical custody is extremely rare in Oklahoma. Joint physical custody allows the child to live with both parents for predetermined amounts of time. Joint physical custody is rare because the courts need to think in the best interest of the child. With that said, Oklahoma courts consider which parent is more likely to allow frequent visits by the non custodial parent. Oklahoma courts do not judge parents on their gender or school district (public or private) they live in. In these difficult times, it is important to know that this decision will be based on what is in the best interest of the child.

If the custodian of the child/children is not following the Oklahoma court order dictating visitation rights, an appeal may be brought to the court based on the best interest of the child. With this appeal, comes the responsibility of all associated fee's which will be paid for by the non-prevailing party.

Child Custody Lawyers in Oklahoma City, Oklahoma * Oklahoma Family Law Center

I copied links from photobucket of the order if you have trouble viewing it lmk but if I typed it up it would take a long time LOL!


http://img.photobucket.com/albums/v213/talbotsgirl/Picture430.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/Picture431.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/Picture432.jpg

 

[wileybunch]

There is a typo on page 1 of this order, paragraph 3.
"... the parties shall physical custody as follows:"

I believe that should have said SHARE not SHALL. The order then goes on to detail a shared physical custody arrangement.

Respondent shall have physical custody according to a 5/2/2/5 Plan with the Petitioner receiving Wednesday a.m. to Friday a.m. every week. Respondent to receive Monday a.m. to Wendesday a.m. every week. That ....

The rest of the document wasn't posted, but this is enough to see that you and dad both share LEGAL *and* PHYSICAL custody.

Also, you should remove the images because it has your child's name on it.

 

[wnbama]

According to what I just read on those papers, it states the RESPONDANT has physical custody according to a 5/2 2/5 PLAN which is something like this:

Example Only:
The 5-2-2-5. NCP has them EVERY monday and tuesday. CP have them EVERY wednesday and thursday and everyother weekend so with that said on say CP's 5 days CP will have them wed, thurs, fri, sat, sun, NCP gets them NCP's 2 days mon,and tues. Then CP gets them Wed and thurs. Then NCP's 5 days starts. NCP has them fri, sat, sun, mon, tues,. CP gets them back Wed.

I did not see ANYWHERE on there it states (you) the PETITIONER has SOLE PHYSICAL OR SOLE LEGAL. (If I missed it somewhere, someone please point it out to me.)

 

[lovemydaughter]

Here are better links to better readibility you will see a sentence that says no other modificaitons have been made.

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder1-1.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder2-1.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder3-1.jpg

 

[wileybunch]

Here are better links to better readibility you will see a sentence that says no other modificaitons have been made.

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder1-1.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder2-1.jpg

http://img.photobucket.com/albums/v213/talbotsgirl/courtorder3-1.jpg

I'm sorry, I'm very confused by what you're trying to say. You have posted a picture of your order that says, "Respondent shall have physical custody according to a 5/2/2/5 Plan with the Petitioner receiving Wednesday a.m. to Friday a.m. every week. Respondent to receive Monday a.m. to Wendesday a.m. every week. That ...." Is this your current existing order? If not, what IS your existing order and what is THIS that you're posting then? This that you're posting clearly shows shared physical custody.

 

[LdiJ]

I'm sorry, I'm very confused by what you're trying to say. You have posted a picture of your order that says, "Respondent shall have physical custody according to a 5/2/2/5 Plan with the Petitioner receiving Wednesday a.m. to Friday a.m. every week. Respondent to receive Monday a.m. to Wendesday a.m. every week. That ...." Is this your current existing order? If not, what IS your existing order and what is THIS that you're posting then? This that you're posting clearly shows shared physical custody.

I think what she is trying to say, is that her original orders gave her sole legal custody and that these modifications that she is making available only change what is specifically on the modifications, that all else on the original order remains the same.

However that certainly does indicate the dad has some physical custody, even if he doesn't have any legal custody.

 

[auntlemon33]

What is the problem with her going to counsiling, other than the fact he didn't clear it with you?

 

[lovemydaughter]

That is the current order and he has shared physical custody ONLY! NO modifications to legal or sole was made.

 

[mommabearx1]

That is the current order and he has shared physical custody ONLY! NO modifications to legal or sole was made.

Um doesn't that whole sentence contradict itself. If you and he have SHARED physical custody then neither party would have sole anything. I could be wrong but**************..

 

[lovemydaughter]

No I clearly have sole custody still. I do not want her attending a mtg. with the mediator as she has been instructed to not book any appts. with my daughter so she knows better than to do this much less behind my back.

Last Friday I did not take my daughter to their house I am tired of being the taxi have been for 4 yrs. His wife called all angry saying she was supposed to be there by 6pm there is nothing as you see on that order of a time of deliverance nor does it say I am the taxi each time. She threw in my face they have joint custody I said whoa! you do not so they came over that evening to get her and they were furious having spoken to their atty. and being told different than what they assumed. They have screwed up so many times after this order was put into effect its not funny. One being not giving my daughter some new meds recently prescribed to her that is critical to helping with preventing her chronic vomiting from occurring.

 

[wileybunch]

No I clearly have sole custody still.

Actually that's not clear because there's no such thing as "sole custody" so you can keep saying that, but that is not a true term. That's why you were asked to post word for word what your order says (where you think it says "sole custody") and you haven't done that yet.

Last Friday I did not take my daughter to their house I am tired of being the taxi have been for 4 yrs. His wife called all angry saying she was supposed to be there by 6pm there is nothing as you see on that order of a time of deliverance nor does it say I am the taxi each time. S

No, we can't see on the order because you have only posted the most recent one, not all prior ones that are still in effect and not superceded by this current one.