change of custody

[dkhub]

my children 15 and 16, have asked to live with me.  The court mediator, after meeting with me and their mother, talking to the kids, made the recommendation that my children move in with me.  The judge denied it based on not wanting them to change schools.  Where do I go from here, especially since the kids have made their request and their choice has not been supported?  Social worker, mediator and school counsellors all agree,  but how can I overturn the judge's decision?

[CustodyIQ]

First, I'm not an attorney, but here's my two cents on the big picture...

The judge provided a legitimate reason that supports a "best interest of the children" ruling.  It likely wouldn't be overturned.

If he said, "No, they'll stay with their mother because I like her nose better than the father's" with no valid argument for the children's best interest, you'd have a case.

If you and the mother agree to let the kids stay with you, then you can get around the court order.  But I don't imagine that will happen, given that you had to ask a judge to order it.

I think your best shot is to make it so the kids can stay in their school.  You can do this one of two ways:

1.  Move your residence into that school district.

2.  See if you can get a special permit to allow the kids to stay in that school, despite that you live outside of the district.  This approach will work only if you live a reasonable distance so they don't have a one hour drive each way.

Once you address the judge's concern-- if that was truly his only concern-- go back to court with the same evidence and recommendations, show the judge the transcript where he said something akin to, "Well, despite all these recommendations and the kids' personal preference, I think they should stay in the same school" so that the judge really has no choice but to make the change.

And, of course, you'd go in with a very respectful and gracious attitude of, "Your honor, I really heard your concerns about keeping the kids in the same school for stability.  That's why I completely shifted my life around with a new home only 1 mile away from the school.  So, I appreciate your past concerns and stand here assuring you that they are now resolved."

At that point, if you have addressed the judge's primary concerns, and he still rules against you, there may be potential to overturn it.

You should be having a lawyer on this one, if you don't already.  You want your attempt #2 to be so clean as to not give the judge any fodder for denying you on some technical point.