Sharpsburg, GA asked in Child Custody for Georgia

Q: My parenting plan reads that the child is with me "from school recess on Thursday until school reconvenes on Tuesday".

School is not in session so how can this be handled? The other parent is not willing to move to week on/week off like the summer schedule or offer more time with school out. Do I have any legal ground to stand on? There is no recess or reconvene because school is not in session. No mandatory school work currently.

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3 Lawyer Answers
Samantha A Holloway
Samantha A Holloway
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: School closures due to COVID-19 have presented new challenges. Some courts has issues orders explaining what should happen now that school is on an extended break. Others are silent. I would suggest that you contact a lawyer so that he/she can view your Parenting Plan and provide any guidance from the issuing court, if applicable.

Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

A: I agree with my colleague. It is best to contact an attorney who can assist you with the specifics of your circumstances. Additionally, since schools are closed for an indefinite period, conducting classes through a virtual environment and not necessarily recessed for the remainder of the school year, a court may conclude that the school year is still ongoing.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

--The Upshaw Law Firm, (770) 240-0922.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You must follow the original parenting plan unless agreed. So, your time is Thursday through Tuesday, regardless of whether school is physically in session.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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