Court...
My husband got served last Sunday when BM came to pick up the kids. She is trying to get the kids mon-fri during school year and we get the every weekend but the third. She said it’s because we don’t care about their education.
We just changed custody in March.
But now she just bought a house that’s about 30 mins away from where she originally lived. So she’s basically trying to make it harder on us by moving there school saying that’s it’s a better school. But the kids have no problems at school the oldest will be going to the school for 4 years the youngest it’s only her second. So they are established.
We know cps has been called on her for child abuse and we have two police reports from her keeping the kids from my husband for over a month.
My husband is freaking out thinking she’s going to win. Because well to be honest everything has always went in her favor. I’m worried we might lose to because the chance is 50/50 and I don’t know what I can do. We can’t afford a lawyer because of the amount of child support she gets a month. Is there anything I can do
In my state, custody changes
In my state, custody changes can only be made every three years, aside from emergency situations. Check to see if your state is similar. The courts rarely change custody based on education issues, unless the kids are repeatedly truant.
True Story
My DH won custody, but the judge pointed out the local school near BM being very poorly rated compared to the schools here had zero effect on anything. It was one of many points my DH made, but it was the other stuff (including but not limited to BM's PATHETICLY OBVIOUS lying in the courtroom) that the judge based the custody decision on.
The school sent her a truancy
The school sent her a truancy letter. Which we never received but every time we kept the kids home we had a note from the doctor.
What is custody now? What was
What is custody now? What was the change in March?
Here, there has to be a "change in circumstances" which is what BM is going for. You should get their attendance record for court, if they were called in and it was marked wrong.
Custody was changed from
Custody was changed from having kids every other week to 2 weeks on two weeks off. My husband has had kids 50/50 since 2016
a few things to think about.
How long have the children been at their current school, how long did they live in their current town...? Mom must prove to the Judge that the child will more likely than not "PERFORM" much better IF she moves them into a different, unfamiliar school. Since she is making all about dads lack of concern about Education...hahahaha
Have kids grades tanked to f's.starting in late March 2019 to June 2019?..are the kids in school yard fights,,,running away from dads house? Have the kids struggled to adjust to dads home..SHE must prove it with facts not just words... SHE must show why this move is best for her kids. . Is mom alluding that these new concerns started the end of March 2019 until June 2019? Like Magic since the dad has 50 50 custody?
Couple things YOUR side can argue. A fact you cant ignore is: Court clearly agreed the Childs best interest is 50 50 equal shared custody with mom AND dad, hence the current court order signed in March 2019..both sides had time to gather and show their evidence. Testimony was heard and a Judge made a ruling.
Mom did not report to the court that she had plans on moving in Marchs hearing? she remained silent in a venue where she COULD be heard.
Now mom has made a decision to reverse the courts well thought out decision. Coincidence dont you think?
Hopefully what IS on your side is:
Children have established their sense of community for x amount of years (shows stability) in current town.
Children have stable well bonded friendships at school. Children have established relationships with teachers, school staff, nurses, counselors and administrators.
Children have established relationships with doctors and dentists, eye doctors in current community. Sustaining consistent medical care is best for children.
Children have extended family and friends they visit during the course of dads primary time that everyone looks forward too.
Children are more relaxed and well adjusted since Judge xx decision for 50 50 equal shared custody.
Mom must prove a significant change of circumstance for a Judge to agree to this. Just because she wants to move no longer is enough.
GoodLuck--mom has a lot to prove. UNLESS the children are totally PASd and will do her dirty work for her. Based on true stories from ST.
If custody was just modified
If custody was just modified three months ago I don't see a court ordering a change. Most jurisdictions do not allow for additional court action within 2 years unless there is a significant change in circumstance. BM moving 30 mins away from her former home does not qualify IMHO. During our final court battle the Spermidiot's CS more than trippled. He was pissed. For more than 13 years he had failed to provide medical insurance as ordered in the CO so his CS was increased to cover part of the cost for me to provide coverage. He ran out and got shitty insurance and three months later filed to reduce his CS because he finally got insurance for SS. The Judge laughed at him and threw his ass out of court 15minutes after that follow up hearing started.
Be confident, call her on her bullshit.
Good luck.
Counter sue for whatever you have documentation to support and go pro se in court. Pointing out that this is little more than a temper tantrum about the recent March court order.