SO Attempting for Custody--Truancy Issue
Good Morning,
I have been on the site intermittently over the last few months and lots has changed lol.
SO filed a Change of Custody after BM served SO with CS Modification Papers. This looks suspicious right? Well both Skids SS14 & SD15 DO NOT GO TO SCHOOL EVER...SD stopped going to school in Oct 2013(Mental Health Issues) and SS has failed Gr.8 (this is the second year in a row that he has failed- they no longer fail kids in Ontario, they promote them to the next grade...f'd I know).
After a long battle with the school board, SO has learned that for the last 4 Years both kids have missed at least 30-60 Days/year in combination with a few lates/missed periods...anyhow SO did not have access to this information and was not on the access/emergency list---if this doesn't spell out PAS not sure what does--the principal had to call up BM and ask for her permission for those records-at this point BM couldn't say no. BM was almost charged with truancy for SS-if she didn't get him to school.
I told SO to go for Custody after SD's Overdose in November 13'(I feel she left the hospital far too early -3 day stay and cuts herself still).
In BM's response to SO's request for Custody- she wants his request dismissed as it appears to be a reaction to having CS Modified.
I realize that it is up to the courts discretion as to what the ultimate outcome will be.
But what is the likelihood of SO obtaining custody reasons for Truancy Issues for the last 4 years? And SS failing 2 years in a row?
(BM is NOW doing something about the truancy, but did F-ALL before the School threatened to take her to court)...She also lied in her response and said that SO had full access to school records...we have evidence he did not.
We cant afford a lawyer and he makes too much to qualify for legal aid.
Any advice/ legal wording would be great.
Thanks
Forgot too mention SO had to
Forgot too mention SO had to meet with the court clerk yesterday as did BM and apparently, she was asking him questions like- "are you going to seek legal advice" and making chit chat like nothing is wrong....was by him the whole time...he kept answering, "don't worry about it" and one worded answers...does she know something we don't-if she asked him if he is going to seek legal counsel?
Personally I think you would
Personally I think you would be crazy to get custody of 2 teens that obviously are used to not going to school.
My SD could live with BM, but BM thinks kids need breaks during the week. SD likes school and wants to go...for now she does.
If DH can make a difference and turn them around, that is wonderful, but you need to think about the hell you will go thru if he isn't close to them or have a good relationship to start with.
She's probably buddies with
She's probably buddies with BM and trying to pump for info she can give her. I never trust ANY of those women, they're a bunch of yakkity hens.
"what is the likelihood of SO
"what is the likelihood of SO obtaining custody reasons for Truancy Issues for the last 4 years? And SS failing 2 years in a row?"
Nothing is ever a slam dunk with getting custody changed, but in your situation, your DH has a very good chance. One of the reasons for a change in custody is proving that the maintaining the current situation is not in the best interests of the child. If the child is doing so poorly in school he is in danger of failing or has to repeat a grade, that is very good evidence. You can also include the incident of SD's overdose as more fuel for the fire.
But be careful what you wish for.
I agree that you've got to be
I agree that you've got to be crazy to agree to having these kids living in your home. The cutter required serious psychological or physiatrist help. Daddy is not going to deliver that. The other one can be forced to attend but can't be made to learn.
The BM is afraid if her ex gets legal help she'll be smeared in the courtroom because she can't afford legal help herself.