My ex wants to take my daughter out of school for vacation for a week only after I had made plans.

Asked over 4 years ago - Pittsburgh, PA

Yes, my ex and his wife were planning a trip to Disney in December during my daughters christmas break from school. I agreed having no problem with it. We had made plans to take a cruise in february , we got the days she would have to miss at school approved. Only then did my ex say they were then moving vacation to january wanting my daughter to miss another week of school. I said NO. Her school only approves 1 week of educational vacation time. They got mad and said they were going to have a lawyer make in mandatory that they get to take her on vacation. Can they do anything like this? There is no court ordered custody, my daughter is 13 and has lived with me her entire life. She visits her dad every other weekend and a week summer. Can they force her to miss school?

Attorney answers (1)

  1. Matthew Erik Becker

    Contributor Level 7

    Answered . The answer to your question is more for the Board of Education than an attorney, I think. The school only approves one week of vacation, but that does not mean they can't take her out for unexcused absences. I don't see how an attorney can make it mandatory that they take her on vacation. An attorney has no authority to do this.

    You call him your ex, is she an ex-husband? Or, ex-boyfriend? The fact that there is no custody order makes me think he is an ex-boyfriend. Because he is the biological father, he does have rights to see his child. Is there any kind of order in your case? Any child support order?

    This is a tough case with no order. There is no way to force anyone to do anything because there are no legal actions to be taken if no order is in place. The best you could do is have the Board of Education, or her school, tell your ex that the absences would be unexcused because your vacation has already been approved.

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