WorkFullTime
Junior Member
What is the name of your state (only U.S. law)? CA
My daughter's father and I have been sharing custody of our seven-year-old daughter 50/50 for the last 18 months. Before this we were engaged in a pretty contentious custody battle. He was living with his mother in a city about 30 minutes from my house and she was going to school in his district. He was recently evicted, literally locked out. According to our court order he is to notify me in writing 30 days prior to any change in residence and when I asked him about it he said he doesn't know his new address but when he does he will let me know. He still refuses to tell me anything. During the summer we have week on week off parenting schedule. He agreed our daughter would attend summer camp in my school district to acclimate to the school and make some new friends, in case he did have to move and she would need to switch schools to be with me full time do to the fact that he was potentially going to have no where to stay. She has gone during all my weeks while I am a work, but he says he doesn't want to take her there even if I pay for it because he doesn't need that much childcare. My daughter says he doesn't go to work anymore, but he hasn't admitted that to me, and I didn't ask my daughter anymore questions about it. She told me on the phone he said they were going to stay in a hotel on Tuesday, the day the sheriffs department locked the door.
I also need to mention he and I were already in talks about changing our daughters school to the one closer to my house because she was having serious attendance issues. During the school year I have her every Friday with pick up from school, until Monday drop off at her dads before school, every weds with pick up from school and drop off at dad's Thursday AM before school. So he was entirely responsible for ensuring she arrived on time. At her parent teacher conference in March the teacher gave a contract addressed to her dad that our daughter was on the verge of truancy and he needed to agree that our daughter would arrive to school on time and he would abide by the contract which states: The parent(s) shall maintain an awareness of their legal obligation to see that their child(ren), 1) attends school 2)arrives on time 3)remains the full school day. At the time of the conference she had been enrolled 112 days, present 106, four excused absences, two unexcused, and nine tardy's. At the end of the year she was enrolled 180 days, present 173, 5 excused absences, 2 unexcused, and 16 tardy. So the tardy got even worse from March to June.
So since this has been going on and he refused to communicate with me or try to come to any kind of agreement or understanding regarding the best possible circumstance for our daughter. Since he was evicted, and he has been having serious issues getting her to school, I filed a request for order that she change schools and we stop overnights with her dad until he finds a safe stable living situation for himself and our daughter.
We went to mediation and he told the mediator he will find somewhere to live, the school attendance was an issue but he will work on correcting it, and he wants to keep the schedule the same. What do you think will happen next? Will the judge potentially grant my request? What should I do if he doesn't? Should I ask for further investigation? I am just super worried about where she is when he won't communicate with me even an address. I am in a very stable position and can provide for our daughter, get her to school on time, keep a roof over her head, and facilitate her visitation and relationship with her dad... Does this seem likely the judge will rule in my favor? We go to court on Weds
My daughter's father and I have been sharing custody of our seven-year-old daughter 50/50 for the last 18 months. Before this we were engaged in a pretty contentious custody battle. He was living with his mother in a city about 30 minutes from my house and she was going to school in his district. He was recently evicted, literally locked out. According to our court order he is to notify me in writing 30 days prior to any change in residence and when I asked him about it he said he doesn't know his new address but when he does he will let me know. He still refuses to tell me anything. During the summer we have week on week off parenting schedule. He agreed our daughter would attend summer camp in my school district to acclimate to the school and make some new friends, in case he did have to move and she would need to switch schools to be with me full time do to the fact that he was potentially going to have no where to stay. She has gone during all my weeks while I am a work, but he says he doesn't want to take her there even if I pay for it because he doesn't need that much childcare. My daughter says he doesn't go to work anymore, but he hasn't admitted that to me, and I didn't ask my daughter anymore questions about it. She told me on the phone he said they were going to stay in a hotel on Tuesday, the day the sheriffs department locked the door.
I also need to mention he and I were already in talks about changing our daughters school to the one closer to my house because she was having serious attendance issues. During the school year I have her every Friday with pick up from school, until Monday drop off at her dads before school, every weds with pick up from school and drop off at dad's Thursday AM before school. So he was entirely responsible for ensuring she arrived on time. At her parent teacher conference in March the teacher gave a contract addressed to her dad that our daughter was on the verge of truancy and he needed to agree that our daughter would arrive to school on time and he would abide by the contract which states: The parent(s) shall maintain an awareness of their legal obligation to see that their child(ren), 1) attends school 2)arrives on time 3)remains the full school day. At the time of the conference she had been enrolled 112 days, present 106, four excused absences, two unexcused, and nine tardy's. At the end of the year she was enrolled 180 days, present 173, 5 excused absences, 2 unexcused, and 16 tardy. So the tardy got even worse from March to June.
So since this has been going on and he refused to communicate with me or try to come to any kind of agreement or understanding regarding the best possible circumstance for our daughter. Since he was evicted, and he has been having serious issues getting her to school, I filed a request for order that she change schools and we stop overnights with her dad until he finds a safe stable living situation for himself and our daughter.
We went to mediation and he told the mediator he will find somewhere to live, the school attendance was an issue but he will work on correcting it, and he wants to keep the schedule the same. What do you think will happen next? Will the judge potentially grant my request? What should I do if he doesn't? Should I ask for further investigation? I am just super worried about where she is when he won't communicate with me even an address. I am in a very stable position and can provide for our daughter, get her to school on time, keep a roof over her head, and facilitate her visitation and relationship with her dad... Does this seem likely the judge will rule in my favor? We go to court on Weds
