Can NCP excuse daughter from school?

[lovemydaughter]

I can take a pic of the original divorce that shows I was given sole custody if that helps. NO the current temp. order does not say anything about sole or joint physical but it does say no modifications have been made to other issues.

 

[LdiJ]

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**************..

Legal custody and physical custody are two separate issues. It is quite possible to have one parent with sole legal custody (sole decision making rights) and then have shared physical custody (parenting time).

I think that is what is going on here. The modification changed the timeshare, but did not change legal custody.

 

[lovemydaughter]

Yes thats what the judge set forth. So, isn't it solely up to me if my daughter attends any medical, counseling mtgs. and only me that can excuse her from school?

 

[LdiJ]

Yes thats what the judge set forth. So, isn't it solely up to me if my daughter attends any medical, counseling mtgs. and only me that can excuse her from school?

When someone has sole legal custody then yes, they are the only people that can make educational, medical or counseling decisions etc.

However, there is a disagreement here about whether or not they can sign a child out of school. I believe that they have access to the child in school, but cannot sign the child out. Others feel that legally the school has to release a child to any legal parent who wants to pick them up, unless there are orders restraining the parent from picking them up.

You honestly have an odd situation though. Its unusual for one parent to have sole legal custody when there is that kind of physical timeshare in place.

 

[mommabearx1]

Legal custody and physical custody are two separate issues. It is quite possible to have one parent with sole legal custody (sole decision making rights) and then have shared physical custody (parenting time).

I think that is what is going on here. The modification changed the timeshare, but did not change legal custody.

Well that's good to know, this whole post made me go back and look at my custody order to make sure mine as better worded, which it isn't but I am glad she started this, but thanks for the clarification

 

[wileybunch]

You honestly have an odd situation though. Its unusual for one parent to have sole legal custody when there is that kind of physical timeshare in place.

Dad should have made sure the legal custody changed with this shared custody change, unless local statutes require one person to have sole legal.

As far as the original problem reported, Mom wasn't forthcoming that they have SHARED PHYSICAL CUSTODY so now please tell us what the issue is with Dad picking child up from school? Was it not his day to have child in your 50-50 timeshare order?

 

[LdiJ]

Dad should have made sure the legal custody changed with this shared custody change, unless local statutes require one person to have sole legal.

As far as the original problem reported, Mom wasn't forthcoming that they have SHARED PHYSICAL CUSTODY so now please tell us what the issue is with Dad picking child up from school? Was it not his day to have child in your 50-50 timeshare order?

Dad was picking up the child for a counseling appointment that had not been ok'd by mom, the parent with sole legal custody.

 

[lovemydaughter]

YES! That's right but in addition to that this mediator was told not to schedule anything involving my daughter so she went over the line. And her assistant spoke with my father while I was at my daughter's school waiting for my ex to show up and threatened us saying the mediator could go to the judge and say I am noncomplaint because I have sought legal counsel. Both she and her assistant have been harrassing and bullying since we met them.

 

[Silverplum]

YES! That's right but in addition to that this mediator was told not to schedule anything involving my daughter so she went over the line.

So the appointment that has you so very upset was scheduled BY the mediator?
WHO told the mediator that she couldn't schedule appointments?

And her assistant spoke with my father while I was at my daughter's school waiting for my ex to show up and threatened us saying the mediator could go to the judge and say I am noncomplaint because I have sought legal counsel. Both she and her assistant have been harrassing and bullying since we met them.

The mediator's assistant spoke with your father?
She spoke about your case with a person that has naught to do with it?

Quite amazing. I don't believe a word, but it's quite the amazing story.

 

[wileybunch]

Dad was picking up the child for a counseling appointment that had not been ok'd by mom, the parent with sole legal custody.

That's NOT what Mom reported in her original post which is in its entirety:

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!

Then not to mention because of all the UNclarity on the whole custodial issue in the first place and the dentistry performed to get a clearer picture that's not at all clear that the mediator acted outside her authority scheduling the appt Dad was picking child up for.

 

[Silverplum]

Then not to mention because of all the UNclarity on the whole custodial issue in the first place and the dentistry performed to get a clearer picture that's not at all clear that the mediator acted outside her authority scheduling the appt Dad was picking child up for.

I agree. About the UNclarity and about the irritating dentistry

I don't think the mediator was out of line. I certainly don't think Dad was out of line.

 

[wileybunch]

I agree. About the UNclarity and about the irritating dentistry

I don't think the mediator was out of line. I certainly don't think Dad was out of line.

And, while it may take a root canal to find out why Mom's Dad was told anything by the mediator (doesn't really matter), the fact that the mediator's assistant said, "the mediator could go to the judge and say I am noncomplaint" sounds very plausible, not because of the reason OP gave ("because I have sought legal counsel") but because OP does appear to be usurping father's rights and role AND the mediator's at this point.

 

[lovemydaughter]

i am not usurping any authority. Yall can not believe me all you want I am telling the truth. My atty. instructed the mediator to NOT to contact me and make appts. involving my daughter. My dad recorded the phone chat and the assist. said the mediator can go tell the judge I am non compliant because I hiired an attorney thats like punishing me for getting counsel.

 

[wileybunch]

i am not usurping any authority. Yall can not believe me all you want I am telling the truth. My atty. instructed the mediator to NOT to contact me and make appts. involving my daughter. My dad recorded the phone chat and the assist. said the mediator can go tell the judge I am non compliant because I hiired an attorney thats like punishing me for getting counsel.

What is the mediator's role? Is there an order for what the mediator is to do? Who said your attorney can dictate what the mediator does? Who said the mediator cannot contact dad to make counseling appointment for child? Do you realize this can be easily rectified, at a minimum, when Dad makes the case that the (according to you but we haven't see language to support it) sole legal custody you say you currently enjoy is changed to shared legal custody?

 

[lovemydaughter]

She was only appointed for 3 years that has now expired. She was ordered to be the PC in the divorce not the current temp. visitation order. My atty. has fired her before for going over and above what her job title is. Our psychologist that i saw in 2004 can confirm that. They were in the same office and he saw how she was and he moved out of their office. She is on the bad list of at least 10 attorneys in Tulsa. She is not fair she leaned towards my ex and favored him.