Legal Question in Family Law in Texas

What can one do to ensure my kids go to school? My son has 14 absences and 14 tardies so far this year. I am a Joint Managing Conservator and have equal rights. I see my kids 5 times a week, including 3 overnight per week. I only dropped them on Monday, so I have no control over the other days. It's the first school year after the divorce, so it may just be adjustment. When does excessive absences and tardies become neglect? We already had to sing a warning letter that my son may be hold back due to his low academic progress. Can she get away with this year after year, or is there a way to stop this? I'm documenting for now. One thing that I did notice is that the divorce decree says we must notify the other parent if the kid misses school. She has maybe told me about 1/3 of those, if that. Plus, each time I ask her, she says it''s none of my business. She has even threatened to pull them out and homeschool them (she can't as she works full time and goes to school herself). Changing the days I have them is not an option now as it's been less than a year since our divorce was finalized. Also, I pay her full child support (despite me having them 38% of the time). Please send me your insights on how to document it.


Asked on 4/08/13, 6:35 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You could file a motion to enforce the terms of the decree for her failing to notify you when the children miss school. You should be able to contact the school to obtain a list of absences and tardies. Suggest you keep a diary to show when you are notified. If she sends you written communications such as texts or emails or letters, make copies and keep the letters.

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Answered on 4/08/13, 6:44 pm


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