Q: I have sole custody with full decsision making power. The custody agreement we have on file was drawn up when my child was 3, she’s now 8 and wants to participate in the myriad of activities her current school offers. The NCP keeps threatening to remove her from school because it’s his court ordered parenting time. If I have full decision making power and have a history already enrolling her in programming after school hours (she’s participated in summer camps and a sort of extended day program at her previous school), does he have a legitimate claim here? Can he really remove her from her program without my knowledge and express consent?
A: If it’s his time, and the two of you have a dispute as to where the child should be during that time, then you should file a modification petition. You should allege that the programs are in the child’s best interests and the order should carve out time for such participation. Schedule a consult with a Bronx Child Custody attorney for a full assessment.