Mountain Home, AR asked in Family Law, Child Custody and Juvenile Law for Arkansas

Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the first to refuse clause. I've told my ex-wife and I have told the school if she cannot pick the children up I want to be notified and I want to be the one taking the parenting time rather than an after-school aftercare that she continues to use when I live just right down the road from the school as she does too she just works very late and she's not the one that's even picking them up in the after school program I have talked with the school and showed them the papers and they said it's her weeks that this Clause doesn't matter. Is this something I should go after the school district on I've just asked my ex-wife if she doesn't want to spend her parenting time and she can't I would like to

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's essential to communicate effectively with both your ex-wife and the school.

You can continue to communicate with your ex-wife regarding your preference for picking up the children during her parenting time if she is unable to do so. If she agrees, it can be a mutually beneficial arrangement for both parties.

If the school is not following the terms of the court order, you may want to consider discussing this matter with your attorney. They can provide guidance on how to address the issue legally, which may involve seeking clarification or enforcement of the court order through the appropriate legal channels.

Remember that open and respectful communication with your ex-wife is often key to resolving such matters outside of court, but consulting with an attorney is advisable to ensure your rights are protected and the court order is upheld.

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