Change of custody

[kaylene99]

Soc,

SS is not doing too well in school.  Recent report card shows Cs, Ds and Fs.  CP and NCP had a long discussion to where NCP proposed for SS to live with NCP.  CP did not provide an answer.  State is FL.  SS barely passed last year and it' s looking like that might happen again this school year.  Worse, SS might even fail this grade.

Questions are:

1) Does SS failing in school like that constitute a change of custody?  

2) What is NCP's burden of proof here?  

3) Can NCP submit a proposal in court to temporarily change custody for SS due to the situation and the fact that CP lacks the skills and abilities to help SS with school?  CP admits reliance on SS to report what schoolwork he has done and completed.

4) SS and SD are normally home alone after school.  We suspect they are also left home alone on weekdays without school because CP and spouse are working.  There really is no direct supervision/guidance regarding schoolwork.  How can NCP best demonstrate that in support of changing custody?

5) Should NCP wait until SS fails the grade before taking any action here?  What would you recommend?

Thanks a million!

[socrateaser]

>Questions are:
>
>1) Does SS failing in school like that constitute a change of
>custody?  

It's a "change in circumstances," and what you must prove, is that the CP's acts or ommissions have clearly and convincingly led to the child's failure in school.

If you can't show that the CP is the causal factor, then there's no justification for reconsidering custody, because the child's failure is independent of the CP, whomever that person may be.

>
>2) What is NCP's burden of proof here?  

See above.

>
>3) Can NCP submit a proposal in court to temporarily change
>custody for SS due to the situation and the fact that CP lacks
>the skills and abilities to help SS with school?  CP admits
>reliance on SS to report what schoolwork he has done and
>completed.

Nope. See #1.

>
>4) SS and SD are normally home alone after school.  We suspect
>they are also left home alone on weekdays without school
>because CP and spouse are working.  There really is no direct
>supervision/guidance regarding schoolwork.  How can NCP best
>demonstrate that in support of changing custody?

You'll need an expert witness to testify that this child is being adversely affected. Trouble is, the solution for this sort of thing is paying for supervision, and I'll bet you know where that money's gonna come from, don't cha?

>
>5) Should NCP wait until SS fails the grade before taking any
>action here?  What would you recommend?

The child needs a positive role model, in my personal opinion, not just a tutor. My legal opinion, is that until the child has failed, you can't really make any sort of a credible case, and that even after this occurs, you will still need to show how the CP is the real culprit, or you'll be wasting your time.

[kaylene99]

Thanks, Soc.  NCP hopes that the CP gives this proposal of temporary change of custody a chance for the sake of SS.  I doubt it's going to happen but it can't hurt to "hope".

Have a good weekend!