During my parenting time, can I request that his other parent not be able to “visit” our child at school?

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During my parenting time, can I request that his other parent not be able to “visit” our child at school?

My ex is going to our child’s school during my custody time. My ex is scheduling volunteer hours, and disrupting the flow of my parenting time. We share joint legal and physical custody and have a 50/50% time-share. Is there any law that I can request that his school abides the custody schedule and only allow my ex to visit/help at school on their own parenting time?

Asked on August 29, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I am a little confused about how the other parent is infringing on you parenting time by volunteering in the child's school.  School time is school time.  Parent's have a right to visit the school irrespective of their custodial schedule. 

Please read the following excerpt from the CA Education code:

CA Education Code 51101 (Excerpts) (a) ... the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children.... (7) To have a school environment for their child that is safe and supportive of learning. (8) To examine the curriculum materials of the class or classes in which their child is enrolled ... parents and guardians of pupils shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a set custody schedule per court order for your child where the "ex" is infringing upon your time during scheduled school hours or programming, then what you need to do is sit down with the principal of the school, discuss the situation and provide him or her with the current custody order and ask that the school assist with it. If the school will not assist, you need to discuss the situation with the "ex" for resolution.


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