Child visitation / school

[Acooper410]

Jurisdiction

Texas

Son began school 18th the the primary said he could attend this school as long as I picked him up every morning she lives about 15 miles away but he has been going since 3rd grade to this school district. He also hopes to Scout meetings every Monday for the past coming up on 3 years coming up on next month. In the court order I get him during the summer and she gets him 2 weeks prior to school starting she dropped him off 3 days before school starts and said I changed my mind he cant attend either now. I have texts saying he can go now what? He is still enrolled in this school he has to go right? He is also 11 fixing to be 12 in a couple months. These are his wished to stay in this. I was told when she dropped him off last weekend that was her weekend so she was forfeiting that weekend now she says she will pick him up this weekend I am confused on what to do this weekend if I don't let her see him she will take him out of school and Boy Scouts just to get back at me. She has already violated a court order for visitation once and it was the Police who said she was the one forfeiting her weekend, and that this weekend is mine but now I am confused because of everything that has happened in just 4 days. I am currently looking for a family lawyer but have pressing needs and just looking for answers until i can hire a lawyer.
She has said in texts he can goto Boy Scout meetings as well but since the court order was signed it has been a constant im going to take him out of that school or Boy Scouts for 2 years now.


Thank you

 

[mightymoose]

The school your child attends should be determined by which school district covers the primary residence where the child resides. If you are trying to do something other than that it will ultimately fail.

Participating in Boy Scouts is determined in a similar way. Where you live determines which group you attend.

Her text messages are pretty much meaningless. Always follow what is in your visitation order. If something new comes up that is not addressed in the order and the two of you can't work it out then seek a modification of the order.

Yes, it sounds like she forfeited her weekend. If you allow her to dump the kid off on you when she chooses and to manipulate the visitation schedule you will always be at her mercy and never be able to make your own plans.

It seems you are in a position which is going to require a modified order to sort out school attendance if it isn't already addressed.

 

[Acooper410]

Thank you for your Timely response, Since she left him here 3 days before school started the one he has been enrolled in since 3rd grade I felt i had no choice but to send him to school since he had a schedule school supplies and ready to go for another year. I do understand that the court order needs to modified to fit the child's best interest if he didn't want to go to this school i wouldn't make a big deal of it if his mom wants to take him out that's her right as well. But am I wrong if he in enrolled in this school and until someone un enrolls him he has to go to school or he would be adding unexcused absences or even to the point where its truancy? I am working on the modification and she say she is showing up this weekend to pick him up when Last weekend was her weekend i feel if i don't she will go against his wishes i know he is almost 12 but his interests count i would think. in the Court order it does say school means the primary or secondary school in which the child is enrolled in or if the child is not enrolled in a primary or secondary school, the public district in which the child primarily resides under possession order. Sometimes I feel like i need a court order for dummies because i dont know what that means i just know he is enrolled int he school district i reside in. But Thank you for your response it was much appreciated.