Q: What school schedule do we go by for submitting summer days for the NCP? Do both parents need to go by the same one?
I have to submit the days I want my kids for the summer. Right now, they are 4 and 2. Mom states she isn't sure if she will put the 4 year old in preschool. Our days are due by April 1. This last year, we went by the school district the mom lives in. She said she may put them in a charter school that starts about a week earlier. Per the court order, it states that my extended summer time has to end 7 days before the start of school. I want to ensure that we both go by the same days. For example, with the school district mom lives in, school would start 8/16. Charter school starts 8/10. Should we plan around the charter school that she "might" put them in? Or go with the current school district if she's not enrolled by 4/1 when we have to submit dates? And if we go by the charter school calendar, will she have to do the same? I could see her not enrolling them and then taking 8/4-8/6 as the weekend that she can take from during the summer.
A:
This is a loaded question, but unfortunately, an all too common one. It is an issue that can have a split answer between attorneys
Most standard Texas court orders state that you go by the "elementary or secondary school in which the children are enrolled or, if the children are not enrolled in an elementary or secondary school, the public school district in which the child primarily resides."
If your children are not currently enrolled in school, then you would follow the public school district schedule in the county that Mother (and the children) reside If Mother hasn't enrolled the child by the time you submit your summer possession period on April 1, then you both should follow the public school district schedule You should include in your April 1 notice to her that you are selecting the days because the children are currently not enrolled in school This should protect you if Mother tries to take you to court (after she decides to enroll them in the charter school after April 1)
The other, maybe less confusing, option is to pick a different extended summer possession period that would end earlier than within 7 days of either school starting
I hope this information helps Good luck
(PS, I'm not intentionally trying not to use "periods", for some reason when I try to type a "period", it types an "h" instead)
A: Go by the school they are currently enrolled in on April 1
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