Do Court Papers Go by the ISD the Child Lives In, When They're Not School Aged?

Updated on March 08, 2010
K.H. asks from Arlington, TX
4 answers

the custody papers go by the isd right? the mother of my step son says that primose (his daycare) doesnt have a spring break and therefore we can't have him because he is only 4.

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So What Happened?

Thank you everyone. We do have a standard court order and it clearly states that it is based on the isd but she still refuses and thinks she is right.

We will be taking her to court very soon to get 50/50 and all of this is just more evidence on why we deserve 50/50.

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L.R.

answers from Dallas on

I'm an attorney so I can tell you that if you have a "standard" order from Texas, it will say what Erika T. told you it says. It is the school district where the child resides. Just because the child isn't in school yet, doesn't mean that you forego that time you would get at Spring Break. Tell the child's mother to read her order more carefully and let her know when y'all will be there to pick him up. If she still refuses, go to pick him up. That way, if she turns you away at the door, then she is in violation of the court order and the judge can give her a good tongue-lashing for trying to come between your step-son and his father. She's only in violation if you go to get him and she still denies the visit. (I get so tired of mom's like that.)

Good luck!

1 mom found this helpful
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B.H.

answers from Seattle on

not sure what isd is, but on my parenting plan we had to specify holdidays, breaks etc we wanted with kids before school age.

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E.T.

answers from Dallas on

I can't believe someone is having this same problem. Deja vu.

what exactly does your decree say? Is there a page in it that says, " 'school' means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides."

If it says that or something like that, AND the decree says you get spring break, then I say you get spring break with your step-son. My ex husband and I (when we were married) went through this debacle with his first ex to the point where they ended up in court over it. She tried to say he couldn't have her, but since the decree was specific, he had the legal right to take that time. He won that particular battle, but it was very expensive.

Message me privately if you want. I unfortunately have experience in this situation.

BTW, I think it's very sad that any mother would deny a child spring break with their father. He's FOUR -- missing a week of PRESCHOOL never hurt anyone. You could always figure out the lesson plan for that week and incorporate activities to correspond with what they're going to talk about.

GOOD LUCK!

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M.R.

answers from Dallas on

I believe it starts when the child starts reg school. I know that even through we had standard custody we didn't start the school breaks until our son was in school. I hope this helps. You might want to contact an attorney if in doubt

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