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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-06-2019, 02:45 AM
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The-Iceberg The-Iceberg is offline
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Default So my ex filed a motion for custody not school

I was served an affidavit on Friday. The child will be 12 in March. Shared physical and legal custody.


So some of the main things she wants to change.


1. The child should change school area since he is switching to Junior High and can go with his cousins and numerous friends that he made here. I have been driving for more than half hour to his current school the whole 6 years. THE FACT IS IT'S HER 3RD YEAR BUT WE every day.


2. I am looking for change in physical and legal custody. Reasons are, father has treatment resistant depression and anxiety, His household if dirty.
The child missed many school days and lates because father couldn't or didn't want to take him to school. Stays up very late sometimes to 3am.

On the grounds that the father has shown a lot of negligence to the child so far, has untreatable mental illness and (SHE WROTE SEVERAL MORE THINGS) I am asking the court to give me full custody where dad gets the usual--------(fucked up by every other weekend despite the fucking fact that I took more care of the kid in every field of his life, literally. Except maybe cuddling in the morning).


Oh yeah she mentioned that I was telling her that the kid will go to her area after grade 6 and I lied the whole time.


So she said to me yesterday that she will stop this motion if I let the kid go to school where she moved (lives alone in her family house right now).


From my side I have a lot to say too but there I got no vagina that's why Im worried the most but also IDK how the judge looks at the fact about school?
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Old 01-06-2019, 11:57 AM
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The only thing that is relevant are:

1. Your medical condition.
2. Absences from school.

If they are able to link #1 and #2 together and the absences from school are significant there is a high probability that custody and access will change as a result.

Last edited by Tayken; 01-06-2019 at 12:09 PM.
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Old 01-06-2019, 02:15 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by The-Iceberg View Post
Oh yeah she mentioned that I was telling her that the kid will go to her area after grade 6 and I lied the whole time.
You did though, didn't you. A bunch of times throughout their schooling if I remember your threads correctly. If they're not going to school in your area, plus missing school a lot, and you agreed, you're going to have a hard time fighting it. Better to allow the switch and keep your access imo.
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Old 01-06-2019, 04:27 PM
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Originally Posted by StillPaying View Post
You did though, didn't you. A bunch of times throughout their schooling if I remember your threads correctly. If they're not going to school in your area, plus missing school a lot, and you agreed, you're going to have a hard time fighting it. Better to allow the switch and keep your access imo.
You don't remember my threads correctly Mr. vice wise so please just keep paying cuz your ex needs money for dating and stuff. Cheers
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Old 01-06-2019, 04:28 PM
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Quote:
Originally Posted by Tayken View Post
The only thing that is relevant are:

1. Your medical condition.
2. Absences from school.

If they are able to link #1 and #2 together and the absences from school are significant there is a high probability that custody and access will change as a result.
Any suggestions Tayken?
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Old 01-06-2019, 07:41 PM
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I thought you had resolved the whole "screwing up when it comes to bringing the kid to school" issue. Factually, is she correct? How many days has the kid missed? How often is the kid late? How often is the kid awake past 1am?

Assuming you continued to be late, despite this causing you crap before, why didn't you change in the last few months? In what way are you intending to change in the future to stop this truancy?
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Old 01-06-2019, 11:26 PM
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I thought you had resolved the whole "screwing up when it comes to bringing the kid to school" issue. Factually, is she correct? How many days has the kid missed? How often is the kid late? How often is the kid awake past 1am?

Assuming you continued to be late, despite this causing you crap before, why didn't you change in the last few months? In what way are you intending to change in the future to stop this truancy?

When I made that thread title "the final phase" which means who ever "wins" now it is over forever because the kid will be able to choose and we never fought about CS you bugged me there.


But you posted some good questions. The child is now going to JH and he wants to remain with his friends although he is not allowed to say it in front of her. He has huge fear of her.


The kid missed around 40 days so far (7 were approved by principal) and has as many lates. When ever I brought that to her attention she would yell back "It is too far, it's cold, car won't start" but at the same time she has a fake journal she made where she painted me as the one has the child miss school. From my home he did miss around 10 days and they all were because I was 2 months without a car and I used taxi when I could afford.


The boy was awake pass 1 am couple of times when he takes daytime nap.

The principal called both of us about it and said you are allowed to miss only 2 days until charismas because I will give you a new chance. So It started good but she said the id has bad flu and that was true and principal was OK with it. I intend to taking the kid to school regularly be it snow or summer and she can wipe her *** with her journal where, I believe, it says, "Boris didn't take the kid to school again" while the kid is in her possession.


I don't know how to make a good affidavit back because of my English.
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Old 01-07-2019, 12:39 PM
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Janus asked a specific question:

How many days has the child missed while residing with YOU since the start of school?

You mentioned the other parent. We don't care. Answer the question.
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  #9  
Old 01-07-2019, 02:33 PM
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If you read properly you may see it. Try glasses maybe. I don't care if you fucking care Tayken
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Old 01-07-2019, 03:16 PM
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Quote:
Originally Posted by The-Iceberg View Post
You don't remember my threads correctly Mr. vice wise so please just keep paying cuz your ex needs money for dating and stuff. Cheers
Unfortunately I remember your case all too well, throughout your various accounts, and back to the kindergarten questionnaire days. You constantly promised and let your ex believe she would get school, while hoping to gain status quo. Every year you both threatened motions to switch, but somehow your ex gave in each time, with a promise to start at cousin's school soon. Besides the verbal agreement and head nods, hopefully your ex has an email with your agreement. Your child has been missing way too much school with you, for many years now. Perhaps a change would be in his best interest.
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