Temporary Custody possible?

[another dad]

2 weeks ago my ex wife and CP moved our 2 sons, 7 and 10, out of the school they'd been in all their lives to go live with her SO 70 miles away. I made a call to her at 11pm the night before the move to confirm her plans and voiced my opposition.   Of course she moved the next day and a call to the new school told me records were transferred but they weren't enrolled.    I got a court order the following day and it was served ordering her to get them back to their old school.  It was 2 more days before they were back in the old school.   My eldest son has a handicap and he's in remedial math and reading classes there. He lacks any self-confidence but his peers have accepted him.   I've filed for physical custody, but if I fail, that's it.    I'm having him tested for admission to Sylvan tomorrow and plan for him to have about 3 sessions a week there.   His mother objects, saying she's not going to waste her time.  Is there any way I can get temporary custody for at least 6 months, just to keep them from changing schools 2/3 thru the school year, and to keep him in Sylvan thru the summer? Can't get in touch with my lawyer!  We're in Tennessee.

[Stepmom0418]

What does your current order say? I believe in order to help you we need a bit more background information.

I believe that anything is possiable but also alot of things come into play in a child custody case. Even things that most people wouldnt dream of comes up in trials.

[another dad]

My divorce papers give us joint custody of the two boys with me to have them 4 days a week and every other weekend and to pay her $500 a month CS.  Had a lousy lawyer and was young and doesn't address moving, education, etc.   I'm current on CS.   At the recent hearing didn't even see the judge, she just reviewed, told my atty we'd leave things "as is" until hearing 2-18.  Previously Ex had considered "day" as 24 hrs, now she says we're playing by her "rules and it's 2 hrs".  The 4 days and nights  visitation  we had previously was for her convenience but I didn't care because I wanted my boys with me.  The ex likes to party.   When I was at work my parents filled in as babysitters.   In the last 5 years the ex has only had to pay a sitter about a week.  This all started in December when I married a wonderful settled down woman.

[Stepmom0418]

N/M

[BlendedFamily]

Since your CO does not state anything pertaining to education you will need to contact your lawyer definitely and ask for permission for him to attend Sylvan if she is not willing to allow it.  I have had my 8yo assessed through Sylvan and wanted to start his tutoring sessions.  Ex has objected and informed me that even in I am paying for the tutoring he will not guarantee that our 8yo will make it to the sessions because he has to drive 20-25 minutes an evening.

I am now in a custody modification for several reasons but this is added due to the fact that Ex is not looking out for the best interest of our sons educational needs.