Teen returning home

[brwneyedmom]

Dear Soc,

Both parents in OR.  Case in OR.
Father current CP, Mom NCP.  Teen is 15 years.  Parents live approx 75 minutes commute apart in different towns and school districts.  Son lived with father since 1/1/06 and lost credit for courses not completed in his hometown school.  

Supplemental Judgement filed 3/13/06 transferring sole legal custody of son to father for a temporary period ending 12/31/06 if son did not maintain a 2.6 GPA.  Son had approx. a 0.5 GPA for the term currently in session (and it will end 1/31/07).  Son expresses to his mother the desire to return to his hometown and former high school.  Father has now in November agreed that son shows symptoms of a learning disorder but is

Direct working of the order is "If, as of 12/31/06, son had a GPA of at least 2.6 and it is determined that son wishes to remain in dad's town, then custody and parenting time will continue as described in Section 1 of this agreement.  If either of theses conditions are not met, then, as of 1/1/07, unless the parents agree otherwise, the mother will have sole legal custody of son, and parenting time will revert to that plan in effect immediately prior to this agreement".  

1.  Does mother need to file any order with the court to regain custody that seems to be expressed in the current order?

2.  It is the mother's plan that completing the semester is more important than having child not get any credit at all for his work (if his time can be called that with a GPA that low).  Is leaving son there for a month likely to cause problems with custody?

Thanks Soc.  I've learned so much from you.  

[socrateaser]

>1.  Does mother need to file any order with the court to
>regain custody that seems to be expressed in the current
>order?

It would appear that the current temp order terminates by operation of law, assuming that you can prove that the conditions for termination are met.

However, to enforce the custody order via law enforcement intervention, you would have to get the court to issue an order terminating the existing temporary order based on the proof of unsatisfactory GPA.

>2.  It is the mother's plan that completing the semester is
>more important than having child not get any credit at all for
>his work (if his time can be called that with a GPA that low).
> Is leaving son there for a month likely to cause problems
>with custody?

Legally, No. As primary custodian, the mother can delegate her authority to the father for the remainder of the semester. However, if the child's grades were to substantially improve, then the father could use this as evidence of a substantial change in circumstances which would permit him to ask the court to reconsider custody completely.

Not that this will happen, but in the end, it's about the child's best interests, so if the kid is suddenly thriving in the father's care, then that would change everything.

[brwneyedmom]

I had to leave town suddenly for a week, so am just getting a chance to reply.  I appreciate your opinion.  Have a happy new year!