HELP! School and vistation issues

[john06]

What is the name of your state (only U.S. law)? MN
My question involves a child custody case from the State of: MN
Backgroung: 2001 orginal order, child is now 13. 50/50 joint physical and legal custody. til my daughter was in 2 grade we did half week sharing. Ordered time is mom Saturday night til Wednesday morning, my time is Wednesday until Saturday night. At start of 3rd grade mom said it was okay for our daughter ot live with me full time during the week and I keep her occasional weekends due to her falling behind on school and not doing well in her mom's district. She is now in 7th. She suffers from ADHD and has been getting seen by medical providers for this. Hopefully that information helps somewhat. This started two weeks ago. Mom kept my daughter over night on a sunday instead of bringing her home, and I allowed it for her birthday but then she brought her to school late, didn't find out until next week about that becuase the school called me the next Monday when I allowed her to stay another sunday night and her mom didn't bring her to school Monday said her car didn't start, but then my daughter was a friends house the rest of the day. We live in different districts. I told her she had to be in school Tuesday and they agreed, and she showed up late. The school is getting concerned and phone calls were made. Then this week the weather was bad on Sunday and we agreed it would be best to have her bring her to school on Monday. She didn't go. She didn't go today either saying that she had a doctors appointment. My daughter has been suffering from some sort of depression and not doing well in school and I am in constant communication with the school with trying to keep plans in place to help her. I also have her going to the doctors including a psychologist. Her mom made an appointment with a clinic she hasn't gone to in years and had a grandmother take her to the appointment. They said she is suffering from major depression, adhd, and Ob. deviant disorder, and they prescribed a medication and now mom is telling me she is pulling our daughter out of school. SO she isn't going tomorrow either, she is making decisions without me and I called our daughters primary care provider and she disagrees with with the doctor that saw her today. Her mom is saying he said she can't go to school and she should have a home bound school program. WTH. Someone help me what do I do. My parenting time legally starts tomorrow so I can pick her up and make her go to school I don't think she should be pulled out of school until this is resolved. what do I do if she won't let me pick her up, what do I do if my daughter refuses to go to school? Can I file for an order for temporary emergency custody. I can give more information I will be online. Please help me, my friend said this site can be very helpful for information. I plan on calling my lawyer tomorrow morning, the school, and her primary care provider. her primary care giver is medical terms for primary healthcare giver....the doctor she normally sees

 

[stealth2]

What is the name of your state (only U.S. law)? MN
My question involves a child custody case from the State of: MN

I called our daughters primary care provider

Who is the child's primary care-giver if it is not you or Mom? WHY is it not you or Mom? And who does this caregiver think s/he is to contradict a doctor's opinion?

 

[john06]

primary care giver in medical terms is her regular doctor she sees. I called their office when I heard mom took her else where today and said she was pulling he out of school

 

[john06]

update

So, update, My child has not been in school since this whole thing started. We brought her to her primary healthcare giver and she was told that my daughter needs to go back to school. She was also told by the psychology department to have her go back to school, this was on Friday. Tuesday this week, the orginal Dr. that ordered the home-bounding school revoked the order and told the school that my daughter is to return to school. Her mother will barely answer my phone calls, and is now alienating me from my child. What can I do in the mean time to get her back to school. She refused to let me pick her up last night and that was my legal parenting time. I am in constant contact with the school and they are no help, they are making plans with me to push up the IEP meeting and planning for her to return. I have to call my lawyer today.

 

[Zigner]

So, update, My child has not been in school since this whole thing started. We brought her to her primary healthcare giver and she was told that my daughter needs to go back to school. She was also told by the psychology department to have her go back to school, this was on Friday. Tuesday this week, the orginal Dr. that ordered the home-bounding school revoked the order and told the school that my daughter is to return to school. Her mother will barely answer my phone calls, and is now alienating me from my child. What can I do in the mean time to get her back to school. She refused to let me pick her up last night and that was my legal parenting time. I am in constant contact with the school and they are no help, they are making plans with me to push up the IEP meeting and planning for her to return. I have to call my lawyer today.

When you spoke with your attorney on the 30th of January, what were you told?

 

[john06]

I was told to bring her in to the primary care provider to get the recommendations for school sitaution, and get the order for homebounding schooling to be revoked. I did that, I am waiting to hear back from my attorney today as he was in court all day yesterday.

 

[Silverplum]

I was told to bring her in to the primary care provider to get the recommendations for school sitaution, and get the order for homebounding schooling to be revoked. I did that, I am waiting to hear back from my attorney today as he was in court all day yesterday.

Since you are working with your attorney, we really can't comment other than to say you seem like you're on the right path. Trust your attorney: he knows the judge and the local climate of the family courts. Speaking for everyone o), we'd really like to hear updates on your situation.

 

[CJane]

Perhaps you can help me understand something.

Child wasn't doing well in Mom's district, and so you guys came to an agreement that the child should live with you during the week, and attend school in your district.

Time passed.

Child isn't doing well in Your district, and so Mom is trying to make changes (whether they seem rational to us or not), and you're fighting it tooth and nail, in an attempt to keep her in the school in which she's performing poorly NOW, and avoid Mom having the child per the court order.

Why is that?

 

[ecmst12]

I thought mom is the one that's been withholding the child for dad's parenting time, and keeping her out of school entirely.

 

[CJane]

I think the court order was never changed, and so mom should still get half the week. He wants the child returned to him during the week, so she can get back in school.

I'm not saying dad's wrong, necessarily. I'm just curious why, when child wasn't doing well in mom's district, a change in schools/parenting time seemed warranted, but the reverse isn't true.

 

[ecmst12]

My thought is that dad had been attempting to address her issues (which may have nothing to do with the school itself, ADHD is going to be present no matter where she is in school and depression is probably related to hormonal changes typical at that age) but mom wants to homeschool while addressing none of the issues and probably hurting her education in the process.

Dad definitely needs to get back to court though.

 

[LdiJ]

My thought is that dad had been attempting to address her issues (which may have nothing to do with the school itself, ADHD is going to be present no matter where she is in school and depression is probably related to hormonal changes typical at that age) but mom wants to homeschool while addressing none of the issues and probably hurting her education in the process.

Dad definitely needs to get back to court though.

Or, mom and dad have honest differences of opinion regarding what is best for the child. I would honestly like to hear this from mom's point of view and the point of view of the doctors who mom took the child to as well. I tend to agree with dad that the child should be in school, but there may be things going on at school that aren't getting shared with dad or that dad doesn't believe are important.