Change in custody question relating to school

[caravelle]

What is the name of your state? Georgia

Quick question - 14 year old decided to live with me, judge interviewed child, made change. Can the judge require the child to finish this school year at original school IF the child really wants to change and all teachers agree that it would not be detrimental?

 

[casa]

What is the name of your state? Georgia

Quick question - 14 year old decided to live with me, judge interviewed child, made change. Can the judge require the child to finish this school year at original school IF the child really wants to change and all teachers agree that it would not be detrimental?

A judge can order whatever they choose is best for the child. Did the judge not address when the custody change was to take place when they ruled for custody? Or, did they rule the child finish the school year and you want the change to happen sooner? Also there is a difference between "not detrimental" and "beneficial" so unless it would be beneficial a judge may decide it's better for continuity for the child to finish the remaining months of the year at the school they are already attending.

 

[caravelle]

Thanks, Casa. The judge ruled back in Dec. and said that the child COULD finish out the rest of the year at the original school. My ex is trying to make it out to be an order. The problem is this. My ex was the plaintiff and the judge has the plaintiff's attorney write up the order. The attorney STILL has not written the order, and the new semester started a couple of days ago, so my child went to the new school. My child was miserable at the original school (didn't know a lot of people) and academically and emotionally the new school is better. My ex is making such a stink now that I'm worried they will persuade the judge to rule that he return to the original school. A mess, huh?

 

[jslopez711]

Thanks, Casa. The judge ruled back in Dec. and said that the child COULD finish out the rest of the year at the original school. My ex is trying to make it out to be an order. The problem is this. My ex was the plaintiff and the judge has the plaintiff's attorney write up the order. The attorney STILL has not written the order, and the new semester started a couple of days ago, so my child went to the new school. My child was miserable at the original school (didn't know a lot of people) and academically and emotionally the new school is better. My ex is making such a stink now that I'm worried they will persuade the judge to rule that he return to the original school. A mess, huh?

You know, in my case the judge order things to be changed that very day. But then again, we asked for that. We instituted the changes based on the judge's ruling. The paper work came later. Check with your attorney about that.

 

[casa]

Thanks, Casa. The judge ruled back in Dec. and said that the child COULD finish out the rest of the year at the original school. My ex is trying to make it out to be an order. The problem is this. My ex was the plaintiff and the judge has the plaintiff's attorney write up the order. The attorney STILL has not written the order, and the new semester started a couple of days ago, so my child went to the new school. My child was miserable at the original school (didn't know a lot of people) and academically and emotionally the new school is better. My ex is making such a stink now that I'm worried they will persuade the judge to rule that he return to the original school. A mess, huh?

The judge said the child "Could" finish out the year? There is much in the interpretation of that word. If the judge said "The child can finish out the year at his present school" that could sound like the judge intended him to do so. If the judge said, instead, "The child can finish out the year at his present school or enroll in his new school", that would sound more like it was a 'choice'. Do you understand what I mean?

Did you have an attorney, and if so what do they say? Have you talked to the Xs attorney, and if so what do they say? ie; are they saying it is the order of the court that the child finish the year at the new school?

At this point your X would have to file for some sort of contempt if he wanted to push this further- and I would imagine that if you were not represented, you could have misinterpreted the way the judge's wording was and not be severely punished- Based on your belief it was best for the child to attend the new school and start the custody change immediately.

I think there is wiggle room on this one Sorry that's the best I can do, since I didn't myself hear the tone or inflection in the judge's voice when he spoke the word "Can" or "Could". (Remember the old English class exercise: "John didn't steal the blue car" <he borrowed it>, "John didn't steal the blue car" <he stole the red one> "John didn't steal the blue car" <he stole a truck> etcetera etcetera And we see how the same words and same sentence can have four different meanings.