We have joint custody/physical. This is the third week in a row where the school calls to say they're absent. So they've been absent one day a week now for the past three weeks!
You need to talk to the administration of the school, your children and the mother to find out what's going on to see if there is any possible legitimate reason for the children to keep missing school. You should try to get something in writing from the school concerning missed school days as well as document in writing (email is best) with the mother conceding the missed days. If the situation continues, you would have to file a modification petition in court to change the terms from joint residential custody to primary residential custody to you so that that children are with you during the school week. ACS could also be called but I find it doubtful that three missed school days would be considered educational neglect.
You should contact an experienced custody attorney for a consultation to better advise you of your options.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
I think you need to find out the reason why. It could be a legitimate reason. You should also communicate with the mother and ask her. Joint custodial parents should communicate with each other frequently.
The opinion herein does not constitute legal representation in any way or establish an attorney-client relationship.
I'd advise to attempt to communicate with the mother as to the reason(s) why they're missing school. Confirm any such conversation in writing. If they're sick, you should be notified of their illness & any doctor's appointments. Schedule a consult with a Bronx Child Custody attorney for a full assessment.
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