What If the Other Parent Refuses or Fails to Take the Kids to School?

School is where your child spends (or should spend) most of their time. If the other parent is refusing to take your kids to school, this could impact your child’s education and your custody case. You might be wondering–what are your options if your child’s other parent refuses or fails to take your kids to school? Here is what you need to know about this critical legal issue.

Factors Affecting Child Custody Decisions

Florida law allows courts to consider various factors when making initial child custody decisions or modifying parenting plans. Among other factors, courts consider:

  • The child’s home, school, and community record
  • The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities

Because these factors are crucial, a parent not taking a child to school could be used against them in child custody cases.

Modification of Child Custody 

If the other parent doesn’t take the child to school, you could use this to help support your case to modify the child custody order. You can use this and other information to help prove that it is not in your child’s best interests to live with a parent who is not taking their education seriously. 

To modify custody, you would need to file a petition with the court and attend all hearings. A family lawyer can help gather the evidence necessary to establish your child’s truancy and other factors that weigh in favor of your proposed change.

Contempt Action 

If the other parent refuses to take your child to school, it’s possible that they are violating your parenting plan. You could file a contempt of court action if the other parent is violating the parenting plan or the court’s order. 

If you are considering taking this action, carefully review the terms of the parenting plan or the court order as it relates to the other parent’s responsibilities for getting your child to school or otherwise providing transportation following parenting time. An experienced lawyer can explain the steps necessary to file contempt or seek other relief from the court. 

Write down the days and times the other parent has refused to take your child to school. Keep any correspondence from the school regarding your child’s lack of attendance and other disciplinary issues. You may be able to use this information as evidence in your child custody case.

Delinquency or Dependency Case

If your child has missed a lot of school, this could cause the matter to be referred to the Florida Department of Children and Families to investigate neglect. In some cases, the department can remove the child from the home and place them with another family. In extreme cases, the parent can be found unfit and be stripped of their parental rights.

FINS Case

If your ex is not taking your child to school, your family could be eligible to receive services through the Children in Need of Services (CIN) and Families in Need of Services (FIN) programs. This type of case is used for families without open delinquency or dependency cases. Parents, guardians, and caregivers can seek assistance from the court when they are dealing with issues involving truancy, runaways, disobeying children, and homelessness. 

Reach out to a knowledgeable child custody lawyer 

If your child’s other parent is refusing or failing to take your children to school, it may be impacting not only their education but also their overall well-being. In such cases, you may have legal grounds to seek action to ensure your child’s right to a stable and supportive environment is upheld. 

Whether it’s a matter of enforcing custody agreements, modifying visitation arrangements, or addressing potential neglect, a skilled child custody lawyer can help you navigate the complexities of family law. Contact McMichen, Cinami & Demps today for a confidential review of your case.

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803