Custody


#1

I do not think there is an easy answer to your question. I am not surprised that your court order does not speak to custody during school hourse, because technically, the child is not in either parent’s “custody” during school hours. Frankly, I think the other parent may be correct. They are volunteering time at the school, and not really adding to their visitation since they are not removing the child from school, or doing anything that is not school related. You could do the same thing, and have the same privileges. It does not sound like something that would warrant a modification of your court order, unless the other parent is removing the child from school unnecessarily or during times that would not normally be during their visitation.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

</font id=“blue”>Besides, you should be greatful that the other parent wants to spend as much time with their child as they possibly can. what is the matter w/the other parent helping out w/the school, helping w/the child’s education and Xcurricular activities.? I believe this is great! Are you the mother? and the volunteer parent the Father or is it the other way around? as the law official stated the child actually is in the “custody” of the school during those hours! the school even has the right to take your child to the doctor/hospital in case of emergency at school… it is great that a parent can be there some of the time while the child is in school, especially now that there is obviously limited time w/the other parent!

quote:
Originally posted by hopeful1
I have joint legal custody of my child and primary physical custody. My child's other parent has decided to start coming into school to spend time with my child in the classroom in addition to the schedule for visitation that all occurs outside of school hours. The other parent says that the time in the class is as a "volunteer" and therefore not adding to visitation. I did not agree to this and I am receiving conflicting information about whether my custodial time includes school hours. The court order says that the other parent has a specific visitation schedule and can attend the child's performances and presentations. The court order does not specifically say that the other parent cannot be at the school and participate in the child's class but it also does not say that can happen. The court order says that when the child is in either parent's custody that parent gets to make day to day decisions. Is my child in my custody when at school or does my child's other parent get to decide to be at school spending time with my child in the classroom anytime? If I do have custody during school would this be considered a modification of the court order?

#3

Dear stepmom:

I am sure that hopeful1 is grateful, but it is hard to share children’s time today, since they generally have so little of it. Sometimes, the actions of one parent appear to be attempts to “win the child over,” even when that is not the case. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I have joint legal custody of my child and primary physical custody. My child’s other parent has decided to start coming into school to spend time with my child in the classroom in addition to the schedule for visitation that all occurs outside of school hours. The other parent says that the time in the class is as a “volunteer” and therefore not adding to visitation. I did not agree to this and I am receiving conflicting information about whether my custodial time includes school hours. The court order says that the other parent has a specific visitation schedule and can attend the child’s performances and presentations. The court order does not specifically say that the other parent cannot be at the school and participate in the child’s class but it also does not say that can happen. The court order says that when the child is in either parent’s custody that parent gets to make day to day decisions. Is my child in my custody when at school or does my child’s other parent get to decide to be at school spending time with my child in the classroom anytime? If I do have custody during school would this be considered a modification of the court order?