Q: I want to ammend my out of state orders to minimize amount of travel between states and maximize time with both parents.
I have out of state custody orders that will allow me to take my child from California where her mom lives, to Oregon. This needs to be amended due to the disruption to her education and social life if she were to enroll back and forth between Oregon and California every year. My question is that if she were with her mom in California for the summer, and with me for the school year in Oregon; could I legally have my daughter excused from school for the first 30 days of the school year and the last 30 days of the school so that she could be with her Mom for 5 months of the year and with me for 7 months of the year? And/or would these California Custody orders supercede Oregons Truancy Law?
A: If you want to amend/modify existing custody orders you will have to do so in the court where the case is venued. It is not clear from your question whether your case's origin is California or whether it was filed in Oregon. That being said however, I seriously doubt a court would grant a request that a child be excused from school for 60 days. Furthermore, the family court does not have standing (or jurisdiction) to make an order that would be binding on a non-party entity, such as a school district.
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