I'm Back Again

[AkersTile]

What is the name of your state (only U.S. law)? MO
Previous Threads:
https://forum.freeadvice.com/child-custody-visitation-37/need-any-advice-we-can-get-475601.html
https://forum.freeadvice.com/child-custody-visitation-37/update-more-questions-4
https://forum.freeadvice.com/child-custody-visitation-37/update-537148.html98421.html

Basics if you don't want to read through the other threads:
Mom & Dad divorced in 2007. Dd had sole custody. Mom had no visitation.
Mom filed Motion to Modify in 2009.
Came to compromise and settled in April 2011.
Current Custody:
Joint physical and Legal.
13yo lives with Mom until Jan. Other 3 live with Dad.

New situation:
Mom informed Dad tonight that she is moving in with her BF in a different town and switching 13yo's school as of tomorrow. Court order states that 13yo is to live with Mom in Republic,MO and attend school in the Republic School District until January 1, 2012 at which time she will be transferred back to Ava. New school will be in Springfield. Momhas not told Dad which school or her new address. Dad is worried that Mom will not even put him on the school paperwork (she's done that before) so he won't be able to find out anything about kiddos school. He also doesn't want her going to school in Springfield. Since Dad agreed to a compromise with Mom, things have all gone downhill. He wasn't allowed to have 13yo's cell # for 2 months. He's still not allowed to be friends with her on facebook. She's failing (Ds and Fs) all of her classes. Mom lets her skip school frequently (1-2 times a week).

What does Dad do about this new school? Can he fight it and just bring her back here? Would the school even enroll her since it specifies which 2 school districts she is to attend?

Thanks in advance! Missed you guys

 

[Isis1]

he needs to take this back to court.

 

[AkersTile]

he needs to take this back to court.

That's kinda what I thought Yay, another long drawn out court battle to stick the kids in the middle of Can't tell I'm slightly irritatedand sarcastic about all this, can ya?

 

[Isis1]

That's kinda what I thought Yay, another long drawn out court battle to stick the kids in the middle of Can't tell I'm slightly irritatedand sarcastic about all this, can ya?

well, there never any fun for the kids or third partys. i can tell you that.

 

[AkersTile]

well, there never any fun for the kids or third partys. i can tell you that.

Oh yeah...well aware of that already. The stuff she says about me doesn't bother me at all. What bothers me is that the kids are hurting and I can't fix it. Give me a broken bone any day. I can handle those and make them feel better. When they are hurting mentally I can't just make it all rainbows and sunshine. I HATE THEM BEING STUCK IN THE MIDDLE!!!!!!! Kids don't deserve to be stuck in the middle of adult bs. Especially these kids, they have been through way too much already.

 

[AkersTile]

Woke up to a lovely text from sd this morning. Keep in mind Mom says she's not allowed to text/call me. This is it quoted:
This is flipping bullsh*t. I dont wanna 2 switch schools just so its easier 4 mommy 2 getliters laid. I just started in republic this year. Can u pretty please fix it? U fix everything. Can I just come back home? Im sick of this. At least u and daddy pay attention 2 me and do what's best for me. Mommy just cares about her. She doesn't give a f*ck about me. Please fix it. I love u. I'll c u friday.

I want to cry and beat the tar out of Mom! Calling lawyer as soon as she opens. That message came in at 4:45 this morning so I didn't write back since I got it and when I woke up and I'm not sure if kiddo is at school or with Mom. I don't want to get her in trouble with Mom :-(.

 

[CJane]

Dad needs to file an exparte to prevent the relocation of the child, an order that the child be returned to his custody now rather than January, and an injunction to prevent the Springfield school district from enrolling the child.

 

[AkersTile]

Dad needs to file an exparte to prevent the relocation of the child, an order that the child be returned to his custody now rather than January, and an injunction to prevent the Springfield school district from enrolling the child.

Thank you! Will be doing that today.

 

[AkersTile]

What should Dad do?

Dad is supposed to pick kiddo ip from Mom on Friday for weekend visit. He said he is probably just going to keep her here since the papers have been filed. I don't think that's a good idea since the current CO states she lives with Mom during the week. Mom could just come here with the police and the CO and get her. Plus then we have a bunch more drama in front of the rest of the kiddos. Have tried asking hubby's attorney but she's in trial all week so no call back. What do you guys suggest?
I don't want him to do anything that could potentially hurt his case, but I understand how worried he is not knowing where his daughter is.

 

[CSO286]

Woke up to a lovely text from sd this morning. Keep in mind Mom says she's not allowed to text/call me. This is it quoted:
This is flipping bullsh*t. I dont wanna 2 switch schools just so its easier 4 mommy 2 getliters laid. I just started in republic this year. Can u pretty please fix it? U fix everything. Can I just come back home? Im sick of this. At least u and daddy pay attention 2 me and do what's best for me. Mommy just cares about her. She doesn't give a f*ck about me. Please fix it. I love u. I'll c u friday.

I want to cry and beat the tar out of Mom! Calling lawyer as soon as she opens. That message came in at 4:45 this morning so I didn't write back since I got it and when I woke up and I'm not sure if kiddo is at school or with Mom. I don't want to get her in trouble with Mom :-(.

Whiles it's great the you have a good relationship with your stepchild, your response needs to be (on FRIDAY): "Honey, you know I love you, too. This is something for your Mom and Dad, and maybe the courts, to work out."

Please don't respond to those messages. Don't risk child getting in trouble or you being accused over crossing lines. Let the child know you will honor her parents' rules (whether or not they seem unreasonable, but don't say that part).

 

[CSO286]

Dad is supposed to pick kiddo ip from Mom on Friday for weekend visit. He said he is probably just going to keep her here since the papers have been filed. I don't think that's a good idea since the current CO states she lives with Mom during the week. Mom could just come here with the police and the CO and get her. Plus then we have a bunch more drama in front of the rest of the kiddos. Have tried asking hubby's attorney but she's in trial all week so no call back. What do you guys suggest?
I don't want him to do anything that could potentially hurt his case, but I understand how worried he is not knowing where his daughter is.

Tell Dad that until a new court order exists, he must abide by the one in effect. Anything other than that can hurt his case.

 

[AkersTile]

Tell Dad that until a new court order exists, he must abide by the one in effect. Anything other than that can hurt his case.

Thanks! That was what I thought, but then with Mom moving kiddos and not telling Dad school or address info I wasn't sure.
As far as her text goes, she called me yesterday. I'm not sure where she was at. But anyway, I told her how much I love her and apologized that I can't fix all the problems in the world. I also folds her I am here anytime night ir day if she needs someone to talk to. She wasn't happy when she asked if Daddy was gonna take Mommy back to court and I told her that she knew better than to ask me anything about court stuff. Its for the adults to deal with and she just needs to worry about her not that stuff. Hopefully Mom brings her to that I meeting spot this weekend.

Please ignore any typos... iphone user.

 

[CJane]

What did Dad file, and when?

 

[AkersTile]

What did Dad file, and when?

Motion for Contempt, Emergency Motion to Modify Custody and Child Support, Petitioners Proposed Parenting Plan. Supposed to be filed either yesterday or today. Haven't heard from his attorney's paralegal today, but as of yesterday, it was waiting on attorney's signature and would be filed either yesterday or today. Couldn't file an injunction for school since Mom had already enrolled her in new school.

 

[Nevergrowup]

Woke up to a lovely text from sd this morning. Keep in mind Mom says she's not allowed to text/call me. This is it quoted:
This is flipping bullsh*t. I dont wanna 2 switch schools just so its easier 4 mommy 2 getliters laid. I just started in republic this year. Can u pretty please fix it? U fix everything. Can I just come back home? Im sick of this. At least u and daddy pay attention 2 me and do what's best for me. Mommy just cares about her. She doesn't give a f*ck about me. Please fix it. I love u. I'll c u friday.

While I sympathize with what is going on here, I can't help but be dismayed by the language used here. This child apparently thinks it is okay not only to use this type of language but use it while speaking to YOU, an adult. I'm quite sure my teen cusses occasionally, but it certainly wouldn't be to ME, or any other adult, that is quite disrespectful. And I think your husband keeping the child against court order is an extremely bad idea.