Question about Parent of Primary residence
If anyone knows please let me know your experience.
Last night, my fiance arranged with his ex to have his daughters take the bus home from school instead of him picking them up at school. She agreed. He went to pick them up from the bus stop and they were not on the bus. He called the school and got voicemail.
He tried to text her and got no response. A few minutes later, she showed up with the girls. He found out that through the course of the day, his one daughter had burned her finger at lunch. The school called his ex. She said don't put them on the bus, that she will pick up. This is his court order weekend and starts at 9 am on Fridays. His ex is stating that she is the primary parent and can pick them up whenever she wants, regardless of of the court order.
Can anyone tell me if she is correct? Shouldn't the school have called him? They are aware of the non communication issues the parents have and also have a copy of the court order on file. Thanks
Schools must hate this shit.
Schools must hate this shit. They have to analyze a court order before treating or releasing a child.
Thanks, this situation has
Thanks, this situation has been going on for years. It's a small private school. They all know. Last year, his oldest succeeded in getting the mother to allow him into public school. It's a unique situation. The mother insists on the private school, so she has to pay. The father thinks the school is inferior and wants the children to have more exposure, so he wants public. We both went to the public school system here and it's very good. The school sides with the mother because they need the tuition and attendance.
Thank you for the advice, I think a certified letter will get him further than a conversation
Perhaps she is confused about
Perhaps she is confused about PPR and sole legal custody. I'm gathering she does not have the latter. Your husband should clarify her mistake (and the school's).
Oh, she is definitely
Oh, she is definitely confused. They have joint legal custody, but the children live with her the majority of the time. It's all about control as far as I am concerned. The courts basically gave her this power and she is constantly screaming "PRIMARY PARENT"
Depends on the state, but as
Depends on the state, but as I understand it, a school cannot withhold a child from a biological parent without a court order stating their rights have been limited.
Some states MAY have to follow court ordered visitation/custody schedules (ie can't release child to mom on dad's day) IF they have the court order on file. In some states, it won't matter (mine), they can't not release a child to a bioparent.
So I would look into your state regs and talk to the school about calling dh first when there is a problem during his custody time.
Whether she has primary physical custody would not matter (in any state, as far as I am aware) and the school would have to release to your dh as well.
It sounds like it all worked fine, though, so I don't think I would push it too far other than clarifying the law and school policy.