Legal rights

[T0052SC]

During the process my STBX has infriged on my rights when it comes to education.  She went behind my back and enrolled my son into a private Catholic school.  She hid this from me till about two weeks before the school started (only found out really because my son said something to his counselor).  I brought this up the the GAL (who did not seem concerned with this), I have sent e-mails to the STBX disaproving the school, and requesting information.  I never received anything from the STBX and then heard my son was participating in a fund raiser.  To check the valitity I called the school at whick time I found out about an open house that was going on in just a couple of days.  I went and talked to the teacher.  The teacher had told me that the STBX explicitly told her not to give me any of my son's school work even though I am a joint legal custodian (my attorney had to get involved but that didn't even change the school's position).  

Now all I have for documentation is my journal of events, e-mails I sent, and the letter my attorney sent to get the school to involve me in his education.

My questions:
Will this documentation be any where enough to show the court her inability to co-parent?

How do courts perceive parental practices that tries to eliminate one parent from a major decision, and practice in the childs life?

My children are not of the Catholic faith and the STBX does not practice religion at all.  How much of an impact will this have?

[Lawmoe]

"Will this documentation be any where enough to show the court her inability to co-parent?"

It certainly points to that conclusion. However, that alone does not operate in a vacuum and the Court must consider all circumstances and all factors.


"How do courts perceive parental practices that tries to eliminate one parent from a major decision, and practice in the childs life?"

Clearly they frown on it. Just how significant the issue may be depends on what the parties practices were during the marriage and which  parent primarily made such decisions.  I imagine your spouse's argument will be that you did not participate as much as her and if you did, you would have taken responsibility to enroll the child in school.  Obviously, even that argument does not abdicate her responsibility to discuss the issue with you.  However, as stated previously, you cannot separate one issue out from all the other circummstances in the case and expect the court  to make a ruling on that alone.  It is one issue, one factor among many.   It is helpful, but not a silver bullet.

My children are not of the Catholic faith and the STBX does not practice religion at all. How much of an impact will this have?

This may have a fairly significant impact and, if the parties had agreed during the marriage not to raise them in that faith, may convince the Court to undo what your spouse has done without  your consent.

[T0052SC]

There is more on the inability to co-parent.
1.  She refuses to comunicate anything that happens with the children (GAL recommended a kids journal that was used up to his report.  When the GAL came out with his report the STBX told me that she was nolonger going to communicate and if I had a problem write her attorney).
2.  She has sabotage me potty training my daughter.  I have been trying to pooty train her for months now but every time I get a step a head in the process and comunicate the progress in the hopes that the STBX will follow, my daughter comes home fillled with thoughts that she is to young for the potty, pull ups, or undrewear.  The girl is 3 years old.

There is more but is this all going to help?  I am starting to get discouraged with the family court.


On your coment of the STBX claiming I didn't participate as much as her.  She is trying to say that but the GAL and the kids counselor has disproved her on this.  I was the one who got them into school first but because of the custody arraigement she has the a couple more days during the school week than I.  My son is going to 2 seperate schools for kindergarten.  The one I put him in is a neutral school that was agreeded upon and I have kept her informed on everything, the one she chose I didn't know about till just before the start date and she told the school not to inform me on anything.

I guess what I need are what are going to be silver bullets?

Thank you

[Lawmoe]

Some parenting issues cannot be resolved when the parents have differences of opinion.  Potty training is one of them.

The Court is not going to resolve that issue.  A court will not require her to have the child use a toliet or dictate to you that she is too young. And do we really want a court involved in such issues? Instead, the Court will allow you to do what you see fit your household and she in hers.

[T0052SC]

With the potty training I understand that each party will have a difference of opinion on when to potty train but will her dilliberate attmepts to discourage my daughter away from the potty show a distructive behavioral patern.  My STBX instead of just not participating in the potty training practice has made diliberate comments to my daughter to discourage her from the potty along with pull ups or underwear.

On the school issue my STBX claimed to the GAL the reason she enrolled my son in a Catholic scholl was because there wasn't a public kindergarten in her town.  I have recenty discovered that the town she lives in does provide a tuition kindergarten.  The kindergarten is run and managed through the public school district is is provided for the residence of the town the only catch is that it is a tuition because the state does not require kindergarten.  Will this have an impact since the children are not of the Catholic faith and I do not aprove of them attending a Catholic school?

[T0052SC]

One thing I forgot to add was that the STBX has constantly tried to discourage the kids on anything I have done for them.  I put them both in school and the STBX discouraged the kids away from that school by inforcing that it was just a play school not a learning school like the one the STBX chosen (which isn't true).  The STBX is inforcing to them that the STBX's residence is their only home and my place is to just visit (there is a 50/50 custody split).  The potty training.  There is more but does any of this start to show a distructive behavioral patern that the court will take seriously.