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Fathers' rights

Started by futurestepmom, Apr 02, 2008, 08:39:39 PM

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futurestepmom

I am getting married and my fiance and his ex can't agree on custody issues for their 4 year old son. They have joint custody and their son spends 2 weeks a month at his mom's and 2 weeks a month with us. We just bought a house and move-in in about a month. My future step son's mother just had another baby and is currently living with her husband at her father's house after moving 2 other times during the course of her pregnancy. My future step son starts school this fall and we want to enroll him for school where we bought our house seeing as we have a more stable environment. She goes back and forth on a week to week basis saying that we can have him for school only to refute that a week later. I think she just is afraid of having to pay child support as she has stated that "she would rather go to jail than pay child support" in the past. Does anyone know of anything that will help us get custody for school purposes if we have to go to court? We don't want to keep him from his mother, but we feel that we have a more stable, secure environment.

ocean

Is money an issue? If not, offer no child support either way and you have custody during the school year....If she does not agree you will have a VERY hard time switching him to your home district. You would be asking for a custody change and would need major proof in order for the court to reverse the original decision.
Good luck!

Cookiemomma4

Huh?  He is 4 and therefor it is unlikely that any home district has been established.

OP, I didn't look at where you are from, but the way it works in most states is that the district will be looking for some legal documentation before he is enrolled stating that either A) the person enrolling the child has the right to do so, B) the parents are in agreement for the placement of the child, or C) residency for school purposes has already been established.  Districts local to me, and others that I have discussed the topic with, won't enroll children without some form of proof as they don't want to land themselves in the midst of a messy custody battle.  Sounds like you don't have any of those things, so I would agree that if money isn't an issue you should have put in writing for her that monetary compensation is not being sought and will not be sought, etc.  
You also want to consider if the 50/50 arraingment will continue to work during the school year.  Do you all live close enough to each other or the school?  
If both custodial parent's can't work this one out, court may be the only option and you want to figure that out soon so that he can start with his other classmates in Aug/Sept... and we all know that can be a drawn out process at times.
Good luck!