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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33288
Experience:  16 yrs. of experience including family law.
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I have physical costudy of my 5 year old son, and my ex

Customer Question

I have physical costudy of my 5 year old son, and my ex husband has visitation rights. We have joint legal costudy. My son started Kindergarten this year , and I m concerned that my ex husband can take my son out of school whenever he wants? Does he have right to take my son out of school one day if he just have visitation time and joint legal costudy?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Have you talked to a laywer yet?
Customer: No, what happened is that he hasn't been involved with raising my son ,for the last 4 yrs, and now suddenly he wants to be involved
JA: Anything else you want the lawyer to know before I connect you?
Customer: We divorced when my son was 6 months old, during the divorce process he was just requesting visitation time, but he didn't want to pay child support saying that he was in school,. He got upset that the judge assigned him an amount to pay for child support so he asked for overnight rights , he took him 3 times for overnight whe my son was 18 months old, but stopped because it affected my son , he could not sleep at night, he started having anxiety issues, so until now he hasn't taken him with him , and 3 years ago he graduated as an x Ray tech and his salary significantly increased, but he did not increase his payments of child support, the judge told him that when he graduated he needed to inform the court that his salary has increased so they can make adjustments
Submitted: 4 months ago.
Category: Family Law
Expert:  P. Simmons replied 4 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 4 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if the dad can pull the child from school simply because they have visitation that day?

Customer: replied 4 months ago.
The visitation is after school hours , and just wednesday and every other Friday at 6 pm , my concern is can he just go any day to school during school hours (8:50 am to 2:50 pm) and just take my son out of school ?
Expert:  P. Simmons replied 4 months ago.

Thank you
Possible? Perhaps...that is, as the father he could pick up the child from school.

HOWEVER, if he does so in violation of the order? So, say he shows up on monday and takes the child (so outside his visitation)? That would be a violation of the order. He would be in "contempt"...and if he makes a habit of this, the court will sanction him. The court could, for example, remove all his rights (terminate his parental rights) if he will not follow the court orders.

Perhaps more important, the court will order he pay your lawyers fees if you have to hire a lawyer to hold him in contempt.

So is it possible that he violates the order? Sure...but if he does you can hold him in contempt and the court will sanction him

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.