Question asked on Oct 08th, 2016

Q: I share joint custody/legal with the father of my child. The agreement was just signed 8/22/16. My son started kindergarten on 8/29/16. There have only been 6 weeks of school and my son already has 4 unexcused absences on the days he’s with his father. He keeps claiming that our son is sick and taking him to the hospital for a common cold, or he’s having car issues. Im worried that my son is missing out on his education. Is he allowed to keep making things up that work in his advantage?

A:  Do try to keep a sense of perspective — 4 absences from kindergarten are unlikely to affect a child’s chances of getting into Harvard.  That said, if it really does turn into a pattern (and you should be keeping some kind of log in case you are ever asked to substantiate who the child was with when the absences occurred) a court can change the custodial schedule so school drop-offs are left primarily, or solely, to the parent more likely to be able to accomplish it.  For the rules governing modifications of custody, and a lot more information, see here.

Marshal S. Willick
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