New Trial Date / Question on Outcome

[swilloug]

Last April (2004) my husband and I started a fight for modified custody for my then 12-year-old (he's 13 now) SS. My SS had failed school two years in a row and BM was not helping him improve in anything.

Trial was in Aug, after a very long day and many lies the judge ordered a recess until the completion of further investigation of AD/HD (BM claimed he was failing school because SS has AD/HD).  This was good news to us.  The last thing the judge said to both parts was if SS did have AD/HD he would stay with his mother (since failing school would not be "all her fault") if he didn't have AD/HD then there would be a change in custody.  This was very good news for us!  Now two months later the report form SS psychologist is complete and submitted to the court.  Our new trial date is December 16.

We think BM may be stalling to get child support through Christmas (how convenient, child support is due on the 15th each month and trial is set for the 16th).  Now to give the benefit of the doubt we may just be looking more into it then there is, but it is so frustrating.  I have no problem paying child support when it goes to the welfare of my SS, but when we she sits at home (BM has younger child by husband), has a working husband and WE still buy school supplies, shoes, get hair cuts, buy clothes, etc., where is the child support going?  My SS gets new cell phones, I-pods, computers but hand-me-down, thrift store clothes and shoes.  Does that make a damn bit of sense???  Sorry off my soap box...on to the issue at hand...

The phycologist report includes that SS doesn't appear to have AD/HD, his teachers do not see AD/HD traits, and BF and teachers have similar reports on SS.  And the schools intervention on homework has improved his grades (it actually states that the teachers had to intervene on SS home work to see improvement).

My concern and question since my SS grades have dramatically improved (from failing everything to B's & C's) what are anyone's thoughts how the final outcome will go!  

Because this has always been about the best interest of SS it is great that his grades have improved so much.  The concern is will they continue to stay up if a change in custody is not made.  Of course his grades are up, BM has to do something and the school finally did something.  Once he gets into high school they aren't going to hold his hand to get his homework done.  Any suggestions, ideas, thoughts, ANYTHING?

In one hand I see it going our way and then the other hand I see it going her way.  I just want it to go in my SS best interested and I know we would keep up with his school work/grades better than she ever has and not blame everything on teachers and chemical imbalances.