Jurisdiction and showing a truant pattern

[wallyworld]

I am in IL, EX is in TX, Daughter and mother moved from FL to TX only 3 months ago.

I have a timeline showing significant truancy and tardies.

Daughter who is 9, almost 10, is failing numerous classes.  It has been stated that the reason is she is nOT getting her work in or has been absent during those classes, mixed too much work etc...

Daughter has attended about 7 elementary schools from 2002 on.

This year my daughter has attended 3 different schools but transferred 4 different time.  (Started out in Pensacola, then went to a TX school, Transferred to a small town in FL school, then went back to the same TX school.

 This year out of a total of 114 days of school attendence (total of all schools) she was tardy 42 days and absent 26 days.

The average number of tardies per year since 2002 has been about 40 and absences has been about 10-15.

Ex gave her to me in 2002, when it went to court, I lost due to jurisdiction issues.

This year in Feb of 2006 ex stated the same thing again. She is now married and PG.   But later changed her mind.  I later found out that she gave her to her parents in FL, but after my spring break visitation she reenrolled her in the TX school and my daughter is now back with her.

I would like to file something someone (not sure which state) either for custody (if you think I stand a chance).  

Ex listed her new husband as father on the registration papers, I have NEVER been mentioned before on any records as usually there is  a line drawn thorugh for father.

1.  Who has jurisdiction?  TX, FL, or IL?

2.  IF and when TX gets to jurisdiction is TX better or worse for father's rights?

3.  Does school absences and tardies/grades ever have any say in custody?  

4.  What about how she has moved my daughter to 4 schools throughout the year?

5.  Any other suggestions?

[socrateaser]

>1.  Who has jurisdiction?  TX, FL, or IL?

TX

>2.  IF and when TX gets to jurisdiction is TX better or worse
>for father's rights?

Much worse, in my limited view.

>3.  Does school absences and tardies/grades ever have any say
>in custody?  

Yes, if you can show that the moving around is degrading the child's education and that you have not moved during the same period, that could be clear and convincing evidence of changed circumstances. However, the better question is what is the average child's absentee record at the same schools? This is something that you would need to subpoena after moving for a change in custody. It might show even better in your favor (but, it might not -- kind of a crap shoot unless you can get some statistics from the various school boards as part of the public record, before staking your case on this argument).

>4.  What about how she has moved my daughter to 4 schools
>throughout the year?

Same issue.

>5.  Any other suggestions?

A court will err in favor of stability, even if the stability isn't objectively very stable, unless you can really show serious trouble in the child's life. In the end you could find yourself spending a lot of dough to get an order mandating that if the parent moves one more time in the next year, that custody will be reversed. Which, of course, will be pretty meaningless from your standpoint, although it might help bring some stability to the child's life.