Legal Question in Family Law in North Carolina

I have a question, on our parenting agreement it states that if either parent causes our child to be late to school more than 3 times in a grading period overnights will cease until the next grading period. Her dad has had her late 4 times this past 2nd grade year. Can I cease overnights for the whole 3rd grade year since it doesn't state how long a grading period is or not?

Christy


Asked on 8/11/11, 8:35 am

1 Answer from Attorneys

Christy,

I would need to see the agreement, but how does the child's school grade? Isn't it usually per semester or term or quarter?

Obviously, the father has some difficulty. Rather than fight, are you able to talk with the father to find out why there is a problem? How about your child? Why was this written into the agreement? Was it an area of concern?

If you had an attorney draft this agreement, then you really ought to go back to your attorney. However, if you don't want to do that and the father is difficult, then you should send the father a certified letter (or maybe use UPS or FedEx to avoid him playing games and refusing it), and quote your agreement and state that you are invoking this provision. Recite the times that the child was late and why (ask the child).

Figure out what kind of period your school is on (quarterly or a term/semester or a track if your child goes to a year round school) and tell the father that overnights are suspended for the length of the term/quarter etc.

Note that a loss of overnights does NOT mean that you can deprive the child of visitation. You and the father will have to see what the agreement says and work out a different visitation schedule that does not include overnights - like he can spend Saturday with the child but no overnights or something like that.

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Answered on 8/11/11, 9:10 pm


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