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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31716
Experience:  JD, 16 years legal experience including family law
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My ex-husband and I have joint custody although all of our

Customer Question

My ex-husband and I have joint custody although all of our children live with me and only see him on an occasional basis. Due to medical issues I was forced to home school my now 15 year old because he was missing too much school. JHe currently is still behind his grade level and we try to follow the local school calendar and use part of the school breaks as make up time for missed school time because of his medical issues and to try to get him caught up. My ex-husband wants to take my son to see his family over the fall break. He made the plans to be Saturday through Monday but now is not able to take Monday (which is the first day of the school break off) and is insisting that I let my son go on a regular school day (the Friday before) and I make arrangements to make up the time around my schedule of homeschooling him and trying to work full time in order to pay my bills since child support does not cover all of our expenses. Can he legally demand that I rearrange my schedule and bear the brunt of the burden of rescheduling yet another school day because his schedule change? He told me to just flip the days and when I told him I had plans to go out of town and this was not possible he got angry and said that things will be the way he said they were because he has joint custody. Can he legally do this?
Submitted: 10 months ago.
Category: Family Law
Expert:  Tina replied 10 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

It sounds as though you might have joint legal custody with your ex but primary physical custody of your son. Is that right? Does the order of custody set out when the father may exercise visitation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 10 months ago.


My decree says that we shall have joint legal custody with each parenting having input on education, etc. And I shall have the physical care and custody of the minor children subject to husband's parenting time in conformity with the Indiana Parenting Time Guidelines. At the time we went to court my son was not seeing his father on a regular basis because his medical issues was chronic migraine headaches brought on by stress. He has never exercised his parenting time on a regular basis and until this past year saw him on occasion. This past year they joined a bowling league and bowl for a couple hours one night a week and saw each other on occasion at other times. His father now meets with him two nights a week for an hour and a half to tutor him in math. Other than that they see each other when my son is in agreement to do something with him.

Expert:  Tina replied 10 months ago.
I see, Jeanne, and thank you for clarifying this for me.

Based on the information you have provided, the father would not typically have the ability to unilaterally decide to take your son on a regularly scheduled school date which conflicts with your child's education, especially since he already struggles to keep up with the curriculum.

Joint legal custody typically means that the parents have the right to jointly discuss and make decisions regarding a child's welfare, but since you do not believe it is in the best interests of your son to take the Friday school day off and the custody order does not dictate that the father have visitation on that day, the father would not typically have the authority to make that decision unilaterally against your wishes.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 31716
Experience: JD, 16 years legal experience including family law
Tina and 7 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.


What do I do if he continues to insist and shows up at the house to pick up our son that morning as he says he will do?

Expert:  Tina replied 10 months ago.
Hello again, Jeanne.

If the situation escalates, you may wish to call the police who can inform him that he should take the issue up with the court since you do not agree with his decision to take the child during a scheduled school day and that he must leave your premises.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 10 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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