Montrose, CO asked in Child Custody, Education Law and Family Law for Colorado

Q: Can the court order a child to miss school for visitation?

The Montrose County Courthouse is trying to tell me that my child has to miss a week of school every other year for Visitation. I thought the Colorado Truancy laws prevented this.

2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: The short answer is no, this is not the intent of the courts. Due to the many different school schedules, it is likely that the judge was not aware of the conflict when the order was promulgated. You have two basic options: (1) work-out an accommodation with your ex so this does not happen or (2) request a modification to prevent the conflict.

1 user found this answer helpful

Stephen J. Plog
PREMIUM
Stephen J. Plog
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: In theory, a truancy case is going to be initiated by the school/county when a child is missing too much school. If there is a court order indicating visitation should take place such that the child misses school no truancy ramifications should follow. I agree that it is not appropriate for a court to actually order the child miss school for such an amount of time. That being said, there are instances in which a court might sanction a kid missing school under certain circumstances. You might contact a truancy attorney to see if the court's order is problematic.

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