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Can custodial parent be in contempt for keeping kids out of school 'sick' 5 days but not taking them to a doc or informing me?
Port Orchard, WA
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Posted 19 days ago in Child Custody
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I provide health insurance as well as %100 responsibility for all health care. Our new parenting plan does not have a provision SPECIFICALLY stating she must notify me if they miss school or are sick. Is this a common assumtion in the eyes of the court? CPS has been no help so I was wondering if I can hold her in contempt in some way as this interfered with the children's education and health, and does not need to be repeated in the future.
Additional information
The old parenting plan had that provision, but when she moved it was modified and the whole section seemed to be left out. The problem is she says they had chicken pox, but it was right after my visitation where I broke out in hives from a friend's hot tub we had played in. So they most likely didn't have the chicken pox but they were not taken to a doctor or did I have a chance to share my info. I've talked to CPS just because I have a previous case with them against her for dental neglect, however since they no longer have the rash it is a mute point with them. And she has no excuse not to take them to a doctor as I pay %100. I suppose I must file a modification to the parenting plan? Answers (1)
Glenn E. Tanner
This attorney is licensed in Washington.
Posted 18 days ago.
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Does your parenting plan have joint decision making, specifically joint decision making regarding medical decisions? Many plans also have a provision requiring notification to the other parent of important developments effecting the children. If yes, and you were not consulted to make the decision you may have something unless this was an emergency. However, my best guess is that unless you have very good evidence that the children were not sick, that your complaining that the children were kept out of school due to illness will not be very wise. I'm confused what you're complaint is. What does providing health insurance and being 100% responsible for health care cost payment, have to do with deciding to keep the children out of school? Why did you call CPS? Did you really consider it abuse to keep a sick child out of school? Are you fustrated by the lack of information? Why would the Mother not want to consult with you I wonder? Is there an alternative dispute resolution provision to your plan? If yes, I suggest using that to attempt to add specific language to address what your concern really is. Good luck.
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