Legal Question in Family Law in New York

Visitation

We have joint custody with primary residency with us. Stepchild may fail one grade and would need summer school (or will have to repeat grade). Mom has 6 weeks visitation for summer vacation. We were told that we cannot deny visitation with mom because child is enrolled in summer school. That child can attend summer school at mom's residence (300 miles away) or mom can state child is not going to summer school and child would fail grade. Is this so? FYI- Mother gave up child 5 months ago - because 1) failing 6 out of 7 courses and 2) fighting all the time. Isn't it in the ''best interest'' of child to attend summer school at primary residence? Child pulled up all failing courses over 5 months to a respectable passing but one course was failed so badly for 2 semesters that these 2 passing semesters may not bring it up to passing - just 1-4 points below passing. Any insight would be greatly appreciated. Thank you for your time.


Asked on 6/07/04, 11:04 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Visitation

You need to "formally" (in writing) advise the mother of your child's current educational requirements, re summer school, as indicated by the school correspondence and documents. You should emphasize the child's need to fullfill the school's requirements, rather than your "feelings" about how those requirments should be fullfilled.

Highlight how the child will be hurt and penalized if the obligations are not met.

Ask mother to verify that the proposed summer school program in her home state will satisfy the child's in state school requirements.

Offer assistance to her in coordinating the school programs and credits. And, request her confirmation in writing that she received and understands your letter and intentions concerning the summer school matter.

Make sure the letter is sent via regular (certificate mailing) and certified return receipt requested.

Give your daughter a copy of the letter.

GOOD LUCK

PHROSKA L. McALISTER,ESQ

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Answered on 6/07/04, 5:35 pm


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