The non custodial parent and I have joint custody and our child is at a private school. We do no get along or communicate due to the non custodial parent. He is now harassing the staff at the school and making them feel uncomfortable, doing things such as calling CPS and making a very stressful environment. I am allowing him to pick up and drop off at requested. My son is now demonstrating stressed behavior. I do not want this to continue next year in Kinder. When I spoke to the director she stated that since they are a private institution that they have different laws/policies than that of a public school. My question is what are those laws/policies? Am I able to protect my son better under a private school? Also can I place him under a different last name in a private school?
Try to get your child into professional counseling even at a young age for his benefit. Try talking to the other parent if you can. If that does not work talk to family law counsel about filing to modify the court orders to include injunctive relief and if necessary visitation rights though standard visitation is presumptively in your child's best interests. Get an expert for your child. An expert may be necessary to curtail the parent's conduct.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
I suggest making an appointment with the school administrator to go over their policies and procedures in this type of situation. Ask what they allow and what they do not. Ask if there is anything you can do to minimize the non-custodial parent's access. But, chances are, whatever their rules and regulations may be, if there is a court order allowing the non-custodial parent access, they will have to comply with it.
Another suggestion is try to get a parenting facilitator/counselor involved to mediate a discussion between you and the non-custodial parent about his issues with the school. Why is he so unhappy with it? Why has he felt the need to call CPS? Sometimes it helps to have a third party facilitator to monitor such a discussion to keep things from getting too heated or confrontational. Once you know his issues with the school you may be able to make a better decision on what to do to deescalate the situation.
If all else fails, you may consider taking this court. But keep in mind, it is a difficult uphill battle to change custody and visitation, and typically, unless there is real physical or psychological harm to the child, judges will not agree to modify someone's possession schedule based solely on disagreement of the parties. You will have to prove that this issue has affected your child significantly enough to warrant such a modification.
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