Emergency Hearing

[stealth2]

I have a good chance at getting full custody

I know it's a bit O/T, but..... why do you feel you have a good chance? What proof do you have to offer in your favor?

 

[bigql83]

I know it's a bit O/T, but..... why do you feel you have a good chance? What proof do you have to offer in your favor?

We went through this process before, but before our custody hearing she agreed to everything that I was asking for and I was satisfied with our agreement, but I never thought she would take him out of school. Her living situation is worse and she has been found in contempt twice already for violating our orders.

I know that her taking my son out of school is not violating my orders but last year she claimed him on her taxes which is against our order, I let it slide, but I'll bring it up know since I have to take her to court.

 

[stealth2]

We went through this process before, but before our custody hearing she agreed to everything that I was asking for and I was satisfied with our agreement, but I never thought she would take him out of school. Her living situation is worse and she has been found in contempt twice already for violating our orders.

I know that her taking my son out of school is not violating my orders but last year she claimed him on her taxes which is against our order, I let it slide, but I'll bring it up know since I have to take her to court.

Yeah, I don't think you know how hard it is to change custody.

 

[CTU]

Yeah, I don't think you know how hard it is to change custody.

Agreed.

Specially if Mom settled originally.

 

[bigql83]

I know exactly how hard it is to change custody, being that I have 3 friends in similar situations who have full custody. My son's mom doesn't have anything going for her at the moment, she only worked 6 months in the last 9 yrs. My son is already with me 39% of the time.

I know most people on here like to play devil's advocate but I've had extremely good results in family court so far. I'm going to explain my situation too my lawyer Monday, if he doesn't think a judge will grant me an emergency hearing giving my circumstances, then I'll proceed going for full custody.

My son is stressed out, today was going to be his first day of the 7th grade, he woke up texting me at 2am about school. When I texted him back at 430 am he was still up wondering why he couldn't go to school. This is more than his education that I'm worrying about. He uses school as a way to get out of her home aswell. Last year he went to school from 7:30 to 5:30, he stayed after school 3 hours every day to get out of the house.

I'm not explaining my situation in the best way, but kids are committing suicide these days, I don't want to see my son depressed and I'm going to do something about it

 

[LdiJ]

I know exactly how hard it is to change custody, being that I have 3 friends in similar situations who have full custody. My son's mom doesn't have anything going for her at the moment, she only worked 6 months in the last 9 yrs. My son is already with me 39% of the time.

I know most people on here like to play devil's advocate but I've had extremely good results in family court so far. I'm going to explain my situation too my lawyer Monday, if he doesn't think a judge will grant me an emergency hearing giving my circumstances, then I'll proceed going for full custody.

My son is stressed out, today was going to be his first day of the 7th grade, he woke up texting me at 2am about school. When I texted him back at 430 am he was still up wondering why he couldn't go to school. This is more than his education that I'm worrying about. He uses school as a way to get out of her home aswell. Last year he went to school from 7:30 to 5:30, he stayed after school 3 hours every day to get out of the house.

I'm not explaining my situation in the best way, but kids are committing suicide these days, I don't want to see my son depressed and I'm going to do something about it

You do what you have to do, but please dad, do NOT discuss it with your son at all. You do not want to get his hopes up if what you want doesn't happen.

 

[Zigner]

So what if she didn't work? Wouldn't that make her a better choice for custody, since she'll be spending more days with the boy?

I think that you should spend less energy trying to tear mom down.

 

[Zigner]

You do what you have to do, but please dad, do NOT discuss it with your son at all. You do not want to get his hopes up if what you want doesn't happen.

Agreed - DEFINITELY!

 

[bigql83]

So what if she didn't work? Wouldn't that make her a better choice for custody, since she'll be spending more days with the boy?

I think that you should spend less energy trying to tear mom down.

I'm not tearing his Mom down, I'm just stating the facts.

 

[Zigner]

I'm not tearing his Mom down, I'm just stating the facts.

"My son's mom doesn't have anything going for her at the moment ..." is an opinion.

 

[bigql83]

I got in touch with the school district and the lady on the school board whos in charge of homeschooling doesnt have any record of my son's mother notifying the district to get approval to home school my son.

I also found out that she withdrawed him from school during the summer.

This is why I'm worried, if she was serious about homeschool, she would have follow the proper procedure.

 

[Just Blue]

I got in touch with the school district and the lady on the school board whos in charge of homeschooling doesnt have any record of my son's mother notifying the district to get approval to home school my son.

I also found out that she withdrawed him from school during the summer.

This is why I'm worried, if she was serious about homeschool, she would have follow the proper procedure.

Hire an attorney and file an emergency motion. I would be concerned as well.

 

[Zigner]

I got in touch with the school district and the lady on the school board whos in charge of homeschooling doesnt have any record of my son's mother notifying the district to get approval to home school my son.

That is not a requirement under South Carolina law in two of the three options for home schooling.

 

[CJane]

Look, the homeschooling lobby is HUGE. You're unlikely to find a judge that will order that a child attend public school, unless and until it can be proven that homeschooling HAS failed, not just "maybe it will". In fact, I actually had a temp order a few years ago, telling me I HAD TO homeschool my children.

I think, if you believe you have the required material change in circumstances (and honestly, it really doesn't sound like you do), you should file to change custody. Heck, you might even win, since Mom doesn't really have any money to fight you with.

But in the meantime, why don't you sign kiddo up for a K12 program online, and he can complete actual schoolwork during the 39% of the time he's with you?

 

[HRZ]

THere are 3 differnet ways she might homeschool in your state..each with slightly different rules...might help you and your attorney if you knew which one she claims to be under.

Yes, mom might be a retired middle school teacher with an MA from UVA and hubby is a out of work nuclear scientist ...but all SC basically requires is a HS diploma . And agreed...some children do well at homeschool

Note this requires 180 days of instruction and on about 5 topical areas ....so just how does Mom do all this if she has child only about 60% of the time ?

OP , Moms failure to follow order on tax dependency is NOT relevant to schooling or other issues .and puts your motives into question.

HInt..if your child was enrolled in afterschool activities that were to his benefit ( not just staying out of home ). Then perhaps the absence of same can be portrayed as not in his best interest .

BTW how well has son been thriving in the existing public school environment .

Sadly a few of my friends / family have gone to extremes so as not to mix with children of other races and cultures....and with some lousy academic results that did not prepare them well for decent career options ...