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#485773 - 02/09/09 12:34 AM Ex-wife won't take daughter to school
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
cetillman2 asked me to place his post because he is having trouble posting:

My ex-wife and I have shared parenting. I have her Saturday till Tuesday on week then Saturday until Wed. the next. She is 6 years old and in kindergarten. We never had a court order for where she should go to school. We live in the same county but different districts. We live about 10 miles apart. While waiting on the court hearing my ex choose to have her "summer" time with our daughter during the first 3 weeks of school so she could start her in her local school. I attended my school out here for 13 years and my ex was home schooled so of course I want her in my school. Well anyway 5 months later after a guardian ad litem report the magistrate decided she should attend my school. Of course the ex has appealed. The magistrate has now ordered a temp. order for her to still go to my school. I started her there on Monday and Tuesday then her mom got her back on Tuesday night and she hasn't taken her to school yet. She told the school she doesn't have transportation but she does have a truck and a grandmother and an aunt next door. I am thinking she is hoping the courts will think if she can't get her out her to school they will let her stay in her local school even though the court told her she needed a better reason the convenience. Anyway has anyone had problems with this and what did the court do about it. Any opinions? I live in Ohio.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#485774 - 02/09/09 12:39 AM Re: Ex-wife won't take daughter to school [Re: Debi]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
OKay, I'll be the first to answer......
I think she is playing with fire. An order has been issued. It was stuck with while she appeals. Chances are her school is not going to be changed. While it's not mandatory for a child to go to kindergarten she is showing extreme irresposibility in not making sure she gets there. If she wanted to show she has your daughters best interest at heart she's get her there. Your daughter has to be very confused as to why she can't go to school all the time. This is not a good time for your x to be putting her in the middle.
_________________________
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#485775 - 02/09/09 12:54 AM Re: Ex-wife won't take daughter to school [Re: Debi]
Tweeby Offline
Carpal \'Tunnel

Registered: 06/05/04
Posts: 7100
His ex is going against a CO and the court is NOT going to take it lightly. He can file a show cause on why she is not taking the child to school according to the temp order.

BTW, in Ohio a child has to go to school from age 5 (or the next school year after the child turns 5) until age 18.

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#485776 - 02/09/09 12:56 AM Re: Ex-wife won't take daughter to school [Re: Debi]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
Wouldn't you love to have video tape of the ex bringing the girl to the mall when she was supposed to be in school ?

Try for primary custody with the ex getting EOW

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#485777 - 02/09/09 03:05 AM Re: Ex-wife won't take daughter to school [Re: Tweeby]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
You are partially correct. Since the child is already enrolled in kindergarten she is of compulsory school age as stated in the following sections of the Ohio Education Laws and must be formally withdrawn using the steps below.You are incorrect about the age. It is legally 6 years of age, not 5. It is not mandatory to attend Kindergarten in Ohio.


A child between six and eighteen years of age is “of compulsory school age” for the purpose of sections 3321.01 to 3321.13 of the Revised Code. A child under six years of age who has been enrolled in kindergarten also shall be considered “of compulsory school age” for the purpose of sections 3321.01 to 3321.13 of the Revised Code unless at any time the child’s parent or guardian, at the parent’s or guardian’s discretion and in consultation with the child’s teacher and principal, formally withdraws the child from kindergarten. The compulsory school age of a child shall not commence until the beginning of the term of such schools, or other time in the school year fixed by the rules of the board of the district in which the child resides.
_________________________
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#485778 - 02/09/09 12:40 PM Re: Ex-wife won't take daughter to school [Re: Debi]
Tweeby Offline
Carpal \'Tunnel

Registered: 06/05/04
Posts: 7100
Debi, you are partically correct also. Sorry about the age, it has been a while since I actually read the law. I know that kids can start Kindergarden at age 5 depending on their birthday. I did mix that up a bit.

You quoted the law about the age to start school. I provided the actual link. Further down in the same section that you quoted about age, it states that "(C) Except as provided in division (D) of this section, no school district shall admit to the first grade any child who has not successfully completed kindergarten.

(D) Upon request of a parent, the requirement of division (C) of this section may be waived by the district’s pupil personnel services committee in the case of a child who is at least six years of age by the thirtieth day of September of the year of admittance and who demonstrates to the satisfaction of the committee the possession of the social, emotional, and cognitive skills necessary for first grade."

http://codes.ohio.gov/orc/3321

Kindergarden IS mandatory in Ohio but it can be waived IF the child can show he/she is ready for 1st grade. The wavier seems to be a clause for children who transfer into Ohio to start 1st grade but their previous State did not have a mandatory Kindergarden. Not positive about that but it seems logical.

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