Emergency Hearing

[LdiJ]

So if she fails a drug test, is that a change of circumstance? Or what about if she has no power in her home, is that a change of circumstance?

The drug test really depends on what drug. Pot generally is not a problem, but other drugs could be serious. Lack of power in the home? Depends on the time of year and how long the lack of power lasts. Generally, being poor does not take away someone's parental rights.

Seriously, you need to focus on bringing a case to court to attempt to convince a judge to order her to put him in school. Muddying that up with an attempted custody modification is loses focus of the current goal.

 

[bigql83]

The drug test really depends on what drug. Pot generally is not a problem, but other drugs could be serious. Lack of power in the home? Depends on the time of year and how long the lack of power lasts. Generally, being poor does not take away someone's parental rights.

Seriously, you need to focus on bringing a case to court to attempt to convince a judge to order her to put him in school. Muddying that up with an attempted custody modification is loses focus of the current goal.

I was asking that rhetorically, the poster above kept saying that nothing I posted was a change of circumstance. I'm meeting with my lawyer Monday to discuss what I can do. We had a similar meeting in June when we discussed her moving out of state to Florida.

My goal is for him to be enrolled in school before it's too late. If that doesn't happen then I'm filing for custody. Either way there will have to be a modification to our court order since it states clearly that I'm to pick him on Thursday afternoon from school and that he is to return to school Monday or when school resumes.

He's with me now his first weekend from school, there is no school Monday in our area because of the solar eclipse, so normally he'd get another day with me. But since she's claiming that he's home schooled, guess what, she said she's having school Monday for him. And this won't stop, she will use this all year to modify my visitation schedule with him.

I normally figure my schedule out with my son for the year, so that I can modify my work schedule around him, so that I'll be off with him when he comes around.

 

[CTU]

I was asking that rhetorically, the poster above kept saying that nothing I posted was a change of circumstance. I'm meeting with my lawyer Monday to discuss what I can do. We had a similar meeting in June when we discussed her moving out of state to Florida.

My goal is for him to be enrolled in school before it's too late. If that doesn't happen then I'm filing for custody. Either way there will have to be a modification to our court order since it states clearly that I'm to pick him on Thursday afternoon from school and that he is to return to school Monday or when school resumes.

He's with me now his first weekend from school, there is no school Monday in our area because of the solar eclipse, so normally he'd get another day with me. But since she's claiming that he's home schooled, guess what, she said she's having school Monday for him. And this won't stop, she will use this all year to modify my visitation schedule with him.

I normally figure my schedule out with my son for the year, so that I can modify my work schedule around him, so that I'll be off with him when he comes around.

You probably shouldn't waste too much of his time with rhetorical nonsense .... unlike us, he'll charge you.

 

[stealth2]

He's with me now his first weekend from school

Excellent! So you are learning about the eclipse, how to watch it safely, what people throughout history believed about eclipses, etc., yes? Or perhaps the two of you are learning about the history of racism, etc. around the world throughout history, as a result of current events? Reinforcing his education, right? Or researching what extracurricular/social activities he might be interested in participating in while with you? What an excellent opportunity for the both of you!

 

[HRZ]

teachers have children for specific days under rather controlled conditions and times..apparently mom has child 61% of time...and I would not hold my breath as to child getting 180 days of instruction ...something else is going on and it may well be to child's detriment . if there was a serious religious or social desire for home schooling ...why just son?

 

[stealth2]

teachers have children for specific days under rather controlled conditions and times..apparently mom has child 61% of time...and I would not hold my breath as to child getting 180 days of instruction ...something else is going on and it may well be to child's detriment . if there was a serious religious or social desire for home schooling ...why just son?

Criminy, HRZ - do you actually read everything posted? OP stated that the school no longer offers the grade the son is in. If you're not going to bother reading, please don't bother responding with useless inanities.

 

[bigql83]

teachers have children for specific days under rather controlled conditions and times..apparently mom has child 61% of time...and I would not hold my breath as to child getting 180 days of instruction ...something else is going on and it may well be to child's detriment . if there was a serious religious or social desire for home schooling ...why just son?

She's doing this for control, here's an example, if he was enrolled in public school, since there is no school Monday he would get to stay with me until Tuesday when school resumes. Now shes saying he has school Monday so he needs to be returned to her 7am Monday.

Now my son told me that she doesnt have any books to teach him with and his little sister who is still attending public school will be out of school Monday. She's only saying he has school to limit my visitation, and this is only the beginning, I can only imagine what she'll come up with for Winter and Spring break, and all the other extended weekends to come.

 

[LdiJ]

She's doing this for control, here's an example, if he was enrolled in public school, since there is no school Monday he would get to stay with me until Tuesday when school resumes. Now shes saying he has school Monday so he needs to be returned to her 7am Monday.

She cannot pull that stunt. When children are homeschooled, at a minimum parenting times follows the local school calendar. So tell her that and tell her that you will not be returning the child on Monday.

 

[stealth2]

Now my son told me that she doesnt have any books to teach him with and his little sister who is still attending public school will be out of school Monday. She's only saying he has school to limit my visitation, and this is only the beginning, I can only imagine what she'll come up with for Winter and Spring break, and all the other extended weekends to come.

How do you/he know that she didn't get the books while he has been with you? Or that Mom hasn't made arrangements for the sister? And..... how did this conversation come about? I hope you're not initiating such. That could bite you.

 

[bigql83]

How do you/he know that she didn't get the books while he has been with you? Or that Mom hasn't made arrangements for the sister? And..... how did this conversation come about? I hope you're not initiating such. That could bite you.

I don't know except my son told me that his mom said that he'll start next week, when she told me he started Thursday. I ask my son every week what he did in school and we always talk about it. Since his mom is home schooling him, I'm not going to change what I've always done. And I don't know why his sister is still in school, it's none of my buisness.

 

[bigql83]

I had my emergency hearing today, my lawyer asked for joint custody with her keeping primary physical custody. I also asked to be named on my son's birth certificate so that I can provide medical insurance for him, his mother didnt have any insurance for him. We also asked that he attend regular public school.

The judge gave me everything I asked for and that me and his mother can decide on which school he'll attend. The mother stated in court that she didn't want him in school in her area because of the setting. The school in my area is much better, but it's in a different school district. I am to responsible for my son's transportation to and from school.

I'm worried that if I were to choose the school near my home that I would have to take my son to and from his mother which a 30-45 minute trip away. I don't think the judge understood that I lived in a different county. My son has to be enrolled in school by Tuesday, and we have to make a decision today because my lawyer has to file it in a order today.

 

[not2cleverRed]

I had my emergency hearing today, my lawyer asked for joint custody with her keeping primary physical custody. I also asked to be named on my son's birth certificate so that I can provide medical insurance for him, his mother didnt have any insurance for him. We also asked that he attend regular public school.

The judge gave me everything I asked for and that me and his mother can decide on which school he'll attend. The mother stated in court that she didn't want him in school in her area because of the setting. The school in my area is much better, but it's in a different school district. I am to responsible for my son's transportation to and from school.

I'm worried that if I were to choose the school near my home that I would have to take my son to and from his mother which a 30-45 minute trip away. I don't think the judge understood that I lived in a different county. My son has to be enrolled in school by Tuesday, and we have to make a decision today because my lawyer has to file it in a order today.

Well... Calling your bluff. If your son's education is that important, I guess you'll be driving more.

And it is important, isn't it?

 

[bigql83]

Well... Calling your bluff. If your son's education is that important, I guess you'll be driving more.

And it is important, isn't it?

Yes it is, but sadly due to me and my wifes work schedule it's impossible to do that 3 or 4 times every week. The school in her district is terrible, but that may be the only choice, it'll still be better than what she was attempting at home

 

[LdiJ]

Yes it is, but sadly due to me and my wifes work schedule it's impossible to do that 3 or 4 times every week. The school in her district is terrible, but that may be the only choice, it'll still be better than what she was attempting at home

You are going to have to get him to school and back in her district during your time, so how does that make it less inconvenient?

Have you explored the possibility of schools that are more like halfway between the two of you? It may not be possible but its worth at least exploring.

 

[not2cleverRed]

Yes it is, but sadly due to me and my wifes work schedule it's impossible to do that 3 or 4 times every week. The school in her district is terrible, but that may be the only choice, it'll still be better than what she was attempting at home

You will just have to make it possible.

Carpooling. Bussing.