Schools and custody

[Hamiltoniii]

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

What do I do if the schools do not enforce the child custody papers and let the non custodial parent pick up kids.

It states that visitation for the other parent doesn't have the right to visitation until 6pm; 1st, 3rd, 5th weekends, and Thursdays from 6-8 pm. I have gone down to both the high school and middle school, gone over the paperwork twice with them, but they continue to release my children to the other parent.

Do I sue the district for violating a court order?
How do I protect my children?

 

[Proserpina]

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

What do I do if the schools do not enforce the child custody papers and let the non custodial parent pick up kids.

It states that visitation for the other parent doesn't have the right to visitation until 6pm; 1st, 3rd, 5th weekends, and Thursdays from 6-8 pm. I have gone down to both the high school and middle school, gone over the paperwork twice with them, but they continue to release my children to the other parent.

Do I sue the district for violating a court order?
How do I protect my children?

The school should not be expected to enforce your court order - they are not party to it, and they can actually be in legal trouble themselves for preventing a legal parent for picking up their child.

Your ex is the one you should be approaching with this - leave the school alone.

They haven't violated anything at all.

 

[Hamiltoniii]

The school should not be expected to enforce your court order - they are not party to it, and they can actually be in legal trouble themselves for preventing a legal parent for picking up their child.

Your ex is the one you should be approaching with this - leave the school alone.

They haven't violated anything at all.

The other parent is not allowed to legally pick up the child from school, per court order.

So basically you're telling me that the school can release my child into the care of the non-custodial parent and not be held accountable?

 

[Zigner]

The other parent is not allowed to legally pick up the child from school, per court order.

That's not what the court order says...it's not the school's job to get in the middle of your custody disputes. Your proper recourse is against the other parent through the court system.

 

[Proserpina]

The other parent is not allowed to legally pick up the child from school, per court order.

So basically you're telling me that the school can release my child into the care of the non-custodial parent and not be held accountable?

Absent an order actually restraining the parent from the school ...

Word for word, what does your court order actually say about it?

 

[Zigner]

Absent an order actually restraining the parent from the school ...

Word for word, what does your court order actually say about it?

Yeah. That.

 

[Hamiltoniii]

That's not what the court order says...it's not the school's job to get in the middle of your custody disputes. Your proper recourse is against the other parent through the court system.

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

 

[Silverplum]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

So file in court and tell the judge that Dad has been picking the children up from school. This is not the school's fault, nor is it their job to parse all the custody orders of all the kids and hope they're up-to-date and nobody sues them. They are not a party to your custody order, and are not ordered to obey your custody order.

 

[Just Blue]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

School did nothing wrong. THEY have no LEGAL STANDING to prevent either parent getting their child.

 

[Silverplum]

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

What do I do if the schools do not enforce the child custody papers and let the non custodial parent pick up kids.

It states that visitation for the other parent doesn't have the right to visitation until 6pm; 1st, 3rd, 5th weekends, and Thursdays from 6-8 pm. I have gone down to both the high school and middle school, gone over the paperwork twice with them, but they continue to release my children to the other parent.

Do I sue the district for violating a court order?
How do I protect my children?

Protect them from WHAT??

 

[Proserpina]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

In other words it doesn't actually say the other parent legally can't pick up the child.

You'll have to trot back to court and have the court explain to the other parent that they cannot pick up the child.

The school is NOT at fault here.

 

[Hamiltoniii]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

I am the Managing Conservator and the other parent is the possessory conservator.

 

[Proserpina]

I am the Managing Conservator and the other parent is the possessory conservator.

It doesn't matter.

Your court order doesn't actually say what you first thought - it really doesn't. The school legally cannot actually prevent Dad from picking up his children absent an order restraining him from doing so (which you won't get). They can be sued for not allowing him access to his child.

That's really all there is to it.

 

[stealth2]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

I believe that you were asked to provide the EXACT wording of your order, not your interpretation of it. Would you do? Please and thank you.

 

[Ohiogal]

Actually, in the custody papers, the other parent's visitation doesn't start until 6pm on the 1st, 3rd, and 5th weekend as well as Thursday's from 6-8pm. Unless it is an emergency, and I am unable to be reached, is that parent permitted to pick that child from school.

Yes. The other parent has the same rights at school as you do -- except without custody they cannot make decisions regarding the child's education.