TX - How does "school" times relate to a pre-schooler?

[txrngr34]

I have a modified SPO as the NCP (Texas) that the mother and I agreed upon. In addition to 1st 3rd 5th weekends, and instead of every Thu 6pm-8pm, I get every Tue overnight and every other Thu overnight. This order was entered in April 2010.

My son is almost 3 years old and goes to a daycare, so he is not yet enrolled in the local public school. The language in the order explains "school" is referencing the school district the child resides in if he/she is not enrolled in school but does not explicitly address non-school age children. However, we have been previously going by the daycare's opening/closing to determine his "school" time beginning or ending. My son's daycare will be open most of winter break (except 12/24 and 12/31), whereas the school district will be closed from after school on 12/17 until 1/4.

Which interpretation would most likely be correct? Go by school district opening/closing or daycare opening/closing? Thanks.

 

[Proserpina]

Is the daycare attached to the school?

 

[txrngr34]

Is the daycare attached to the school?

No, they're independent of each other.

 

[Proserpina]

No, they're independent of each other.

Then generally, you would go by the day-care schedule since he's not actually enrolled AND the day-care isn't attached to any school.

However, isn't it a tad late to be deciding this? What are you trying to accomplish, and why wasn't this discussed earlier? Because frankly I can see this going both ways...

 

[irish223]

I have a modified SPO as the NCP (Texas) that the mother and I agreed upon. In addition to 1st 3rd 5th weekends, and instead of every Thu 6pm-8pm, I get every Tue overnight and every other Thu overnight. This order was entered in April 2010.

My son is almost 3 years old and goes to a daycare, so he is not yet enrolled in the local public school. The language in the order explains "school" is referencing the school district the child resides in if he/she is not enrolled in school but does not explicitly address non-school age children. However, we have been previously going by the daycare's opening/closing to determine his "school" time beginning or ending. My son's daycare will be open most of winter break (except 12/24 and 12/31), whereas the school district will be closed from after school on 12/17 until 1/4.

Which interpretation would most likely be correct? Go by school district opening/closing or daycare opening/closing? Thanks.

I agree that it could go both ways if you've followed the daycare schedule previously and it has been different from the school district calendar. However, I think the bolded part would indicate that the school district calendar was intended to be used.

 

[txrngr34]

However, isn't it a tad late to be deciding this? What are you trying to accomplish, and why wasn't this discussed earlier? Because frankly I can see this going both ways...

It's actually not a matter of us trying to decide on it now, we've been going by the daycare schedule...and I assume we will continue to. But she's been saying things for a while now that concern me about whether or not she would switch the interpretation in middle of winter break to benefit her.

Before we started following the orders explicitly, we had been going by a casual schedule that worked for both of us, that she dictated...until she decided earlier this year that due to recent back to back weekends I would only see him once in an 8-day period coming up...which I found unacceptable. At that point, I insisted we follow the orders because previously, though she was mostly generous with sharing time with me, it was 100% up to her when I would get him and usually on short notice making it harder for me to plan things as little as when and how much milk I should buy to as big as whether or not I could go out of town on a weekend.

However, due to an oversight on her part (that I believed was intentional at the time) when we agreed to the order it stated specifically that I would have him each Thu overnight AFTER the 1st 3rd 5th weekends. That results in an extra 4 days per year for me that she wasn't counting on. Since THIS, she has been threatening to take me back to court to adjust the SPO to fewer overnights for me.

So, she seems hell-bent on reducing much of my weekday time...but never the weekends. I have him only 44% of the time as it is; yes I keep track because it doesn't ever feel like enough...but considering the situation, I can't really complain.