New York, NY asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia

Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but doctor was not there, went Tuesday afternoon and told the doctor. doctor said document would be ready Wednesday but lady from board went to the court Tuesday while I forced my child to go to school crying in pain. Before I could deliver the document and a officer came to my house Wednesday morning at 7am. my child has pain in his leg and head for weeks and it’s getting worse. doctors in Atlanta at Scottish rite found lesions he goes to Atlanta at the end of the month. The doctor excused him for his numerous absences and explained his very rare cancer that attacks tissue and bone LCH Histiocytosis and he has been experiencing more pain where tumors may be growing in the bone again

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

A: Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers such documentation carefully, especially when it details a child's medical condition and the necessity of absences for treatment and recovery. Your efforts to comply with the school board's request and the timing issue should be communicated clearly in court.

It's crucial to gather all relevant medical documents from your child's doctor that outline the diagnosis, treatment, and specific reasons for the absences. This documentation will be key in demonstrating the legitimacy of your child's need to miss school. Sharing information about your child's condition, the urgency of their medical appointments, and the efforts you've made to communicate with the school can also help your case.

In court, being honest and transparent about the situation, presenting the medical evidence, and explaining the circumstances leading to the communication delay with the school board will help the judge understand your position. Legal representation experienced in education law or family law can provide valuable guidance and advocate on your behalf. They can help present your case in the most effective way, aiming for a compassionate and fair resolution from the court.

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