My step son's mom is not allowing my husband and I to have him starting 3/12-3/21, which the court paper's state is our time (friday before school lets out for sb until the day before returning to school). She says that we have no rights to him because Primrose is his "school" and they don't have Spring Break. But Primrose is a pre-school/daycare and they only have business holidays off.. bc it is a business. His mom just says it is his school.. it is a privately paid preschool/daycare.
But doesn't it go by the ISD that the child lives in.. (which is Lewisville...)
This isn't the first time she has done this... we've shown up at her house with cops before when she took him on our weekend.. but she wasn't there when we got there.. but she knows the cops came. But the crazy thing is, she doesn't care.. I think she really thinks she is right or she is just that crazy. I'm not sure.
By reading this, his school is not on spring break at that time- when is their spring break? Why not have him stay with you when he is on break? It seems odd that you only want him those dates not when he is on spring break. I wouldn't want my child out of school when they are not on break either, it sends the wrong message. Sorry. This is probably very frustrating.
I would think this goes according to local school systems, but check with whom ever is in charge of making those rules in the divorce papers, that should clear up any confusion.
Texas Family Code has clear alternatives for when there is difficulty for child exchanges. Call your atty and ask to file a motion to do three things: 1) clarify possession when child is in preschool; 2) enforce a public drop-off/pick-up location with times (it may end up being you all have to drive to an out of the way location, but there will be a witness to the exchange); and 3) enter documentation of the mother's difficult behaviors.
To further #2, Even a Burger King or some such location is acceptable. Go in and purchase something showing the date and time on the receipt. It's a paper trail to show who is being compliant and who is not. It is a HUGE PITA, but it will be something verifiable.
You have DOCUMENT, DOCUMENT, DOCUMENT. I cannot stress enough how important it is that these actions be documented. Hearsay doesn't count for anything in a court hearing. And yes, you do have to pick your battles, but when it comes to following the court order, everything is a battle with a non-compliant parent. When you're dealing with that kind of parent, you have to show you tried everything you could to force compliance, up to and including court time.
I would look for another time.
Ditto Helen...
And unfortunately, if she keeps him home from school in an attempt to block you, YOU may have to call the cops and have them escort daddy and son to your house.
Yes it is by the ISD the child lives in. You are supposed to go by the court papers. :)
Even if he's not a school age child, you go by the ISD the child lives in. :)
Hang in there, call an attorney if need :)
good luck!
M. K
This is one of those things where you have to pick the battles to win the war. You (meaning you and your hubby) and she BOTH have to do what the court says. Period. If she refuses...you don't have to have a big blow out...take her back to court. You might miss thiss visit, which isn't fair , but you be the bigger person and do things by the books. It will help you better IN THE BIG PICTURE in all aspects. She is not above the law...and if she thinks she is, well, judges call that contempt.
go to the school with huby and cort papers and pick the child up just befoe school lets out when mom gets cops/ show the cort papers not a thing mom can do you and huby have son and all wrights i have been thire and don that it will work good look or take a cop with you
Yes, its supposed to be when the her ISD is on Spring Bring but she might be right since their child is Not school aged. You might want to check with an attorney. We didn't do breaks until our son was school aged. Hope this helps
