changing school rights in custody issue

[pittrocks]

Yes, I do have documentation about all of that. I am planning on giving that information to the psychologist.

Thanks for the thoughts!

 

[pittrocks]

Now psych may not be available before school starts

Just got call from attorney today..she left a message that she had heard
from Dad's attorney that the psych probably won't be able to do the school placement evaluation, since he's away all this week on vacation.

Granted, it came from the other side, so she was checking with me to see if I had contacted him. I left her a message that I had spoken with him last week and he had said he was going to contact the attorneys prior to setting anything up, but he thought he could do it. Of course, perhaps that has changed.

Dad had filed the petition to change schools so late that now we are wondering if this can even be done! I guess there's no chance that the whole thing could be thrown out, huh? If the evaluation can't be done prior to school starting, potentially they could start school in my district and then possibly be moved during the school year?

Doesn't seem right. I know I need to wait for my attorney to call back, but I wanted to see if anyone had any thoughts.

 

[LdiJ]

Just got call from attorney today..she left a message that she had heard
from Dad's attorney that the psych probably won't be able to do the school placement evaluation, since he's away all this week on vacation.

Granted, it came from the other side, so she was checking with me to see if I had contacted him. I left her a message that I had spoken with him last week and he had said he was going to contact the attorneys prior to setting anything up, but he thought he could do it. Of course, perhaps that has changed.

Dad had filed the petition to change schools so late that now we are wondering if this can even be done! I guess there's no chance that the whole thing could be thrown out, huh? If the evaluation can't be done prior to school starting, potentially they could start school in my district and then possibly be moved during the school year?

Doesn't seem right. I know I need to wait for my attorney to call back, but I wanted to see if anyone had any thoughts.

If its not finished by the time that school starts, then they will start in your district. That actually makes it less likely that a judge would rule that they should change schools.

It wasn't very likely that the judge was going to rule in dad's favor in the first place...this could make it even less likely.

 

[pittrocks]

Update--appointed psych not available

So, appointed psychologist was out of town and supposed to get back last week. Was supposed to contact attorneys on both sides prior to setting up appointments to determine school placement (children currently are enrolled in my district and father wants to change to his district because it would be closer for him--he has school responsibility every Thurs and every other Fri).

Found out from my attorney yesterday that psych hasn't returned calls to either sideand hasn't set anything up. School begins Monday and a recommendation was supposed to be made prior to this Friday. I already got the kids' teacher assignments and everything.

Since now there is nothing in the custody order pertaining to school, I am nervous because the way their father is, he will say that since it doesn't specify, he isn't going to take them to the school that they are enrolled in. My attorney is going to try to meet with the master who presided over this earlier in the month and who ordered for us to have the psych decide. Can the master amend the order to state that due to the delays and the fact that school starts in 4 business days, the children should remain where they are? Not to mention that their father didn't file by the deadline given originally.

Sorry to be a pain, but I think this is ridiculous. I can't even tell my kids what teachers they have. Nobody thinks this situation is good for the kids, right???

 

[pittrocks]

can't get eval prior to school starting

The psych left me a message today stating that he could set something up for next week..this is after school has already started. (Starts Monday).
I called my attorney and she is working on it. Doubtful we are going to be able to get in earlier, and would need an answer regarding school before Friday.

I think that due to the delays and timing, that everything should just be either thrown out or adjourned until the end of this school year. I was hoping that the master could amend the order to specify such. Father petitioned 2 weeks after the deadline, so now here we are.

Anyone have any thoughts??

 

[Isis1]

The psych left me a message today stating that he could set something up for next week..this is after school has already started. (Starts Monday).
I called my attorney and she is working on it. Doubtful we are going to be able to get in earlier, and would need an answer regarding school before Friday.

I think that due to the delays and timing, that everything should just be either thrown out or adjourned until the end of this school year. I was hoping that the master could amend the order to specify such. Father petitioned 2 weeks after the deadline, so now here we are.

Anyone have any thoughts??

yep, go buy another bottle of wine and start hunting for the one you lost.

and smile all the way to court.

 

[pittrocks]

I know, right?? (about the wine...been having a little too much of it lately)

Just the whole thing is frustrating beyond belief. I would never expect my kids to start at one school with the possibility (however small) that they would then have to switch to another. There hasn't been any change of circumstances to support Father's petition to change schools.

And do you think he's asked about the status of their school supplies or if they need new shoes or anything like that? Hell, no.

Oh well...guess we'll see what happens in the next few days. I'm a little bitter about this and it definitely shows.

 

[pittrocks]

Kids are staying in my district

Master decided yesterday that the kids will remain in my district. I believe she is amending the custody order to reflect that.

Interestingly enough, Dad has been out of town with the Reserves since 8/20 and I didn't know about it...he is supposed to return next week, after school already has started. Found this out Wednesday because I sued him in small claims for dental expenses and the constable who went to serve him was told by his mother that he doesn't live there and wouldn't ever get the papers. Of course, his mother sent a statement to his attorney that she only said he was in Maryland for a short period of time. Which means now I can get the constable to try to serve him again next week.

 

[LdiJ]

Master decided yesterday that the kids will remain in my district. I believe she is amending the custody order to reflect that.

Interestingly enough, Dad has been out of town with the Reserves since 8/20 and I didn't know about it...he is supposed to return next week, after school already has started. Found this out Wednesday because I sued him in small claims for dental expenses and the constable who went to serve him was told by his mother that he doesn't live there and wouldn't ever get the papers. Of course, his mother sent a statement to his attorney that she only said he was in Maryland for a short period of time. Which means now I can get the constable to try to serve him again next week.

Congrats! I hope you don't have to go through the same thing again next year.

 

[pittrocks]

Thanks a million

Thanks to all you guys for your support..it was a hard summer, dealing with this.

The kids are excited to go to school with their friends and their stepsister.
She would have been upset if they'd had to change schools, so thank goodness she never knew what was going on.

Got an e-mailed copy of the new order and it states that kids will go to my district unless otherwise court-ordered or agreement of the parties.

The Master was "hot" (per my attorney) that Dad also knew at the time of the hearing a few weeks ago that he had out-of-state training coming up, and never mentioned it. He knew we were supposed to meet with the psych but never mentioned that he wouldn't be available. Just like he never mentioned at last year's hearing that he could possibly be deployed (he knew it was coming for years). Master was quite angry that I was not given ROFR these past 2 weeks, even though it isn't specified in the custody order.

Basically, Dad cooked his own goose, with help from his mother.
At least now his pattern of dishonesty and evasiveness has been legally established.

It's going to be a big legal bill, but I will pay it with a SMILE!!
(I'm also going to keep trying to get him served for the small claims issue).
Then I'm going to buy 2 big bottles of Shiraz....

THANKS AGAIN FOR ALL YOUR INPUT!!!

 

[Isis1]

Thanks to all you guys for your support..it was a hard summer, dealing with this.

The kids are excited to go to school with their friends and their stepsister.
She would have been upset if they'd had to change schools, so thank goodness she never knew what was going on.

Got an e-mailed copy of the new order and it states that kids will go to my district unless otherwise court-ordered or agreement of the parties.

The Master was "hot" (per my attorney) that Dad also knew at the time of the hearing a few weeks ago that he had out-of-state training coming up, and never mentioned it. He knew we were supposed to meet with the psych but never mentioned that he wouldn't be available. Just like he never mentioned at last year's hearing that he could possibly be deployed (he knew it was coming for years). Master was quite angry that I was not given ROFR these past 2 weeks, even though it isn't specified in the custody order.

Basically, Dad cooked his own goose, with help from his mother.
At least now his pattern of dishonesty and evasiveness has been legally established.

It's going to be a big legal bill, but I will pay it with a SMILE!!
(I'm also going to keep trying to get him served for the small claims issue).
Then I'm going to buy 2 big bottles of Shiraz....

THANKS AGAIN FOR ALL YOUR INPUT!!!

wooohooo!!

 

[pittrocks]

Any thoughts if he tried to appeal?

Not sure if he would appeal the master's decision; he very may well try to.

He would have to prove that the master erred in her decision, right?

Just curious if the fact that she decided the school issue while he was out of state would be a factor (remember that he never told anyone he was leaving town for several weeks).

 

[LdiJ]

Not sure if he would appeal the master's decision; he very may well try to.

He would have to prove that the master erred in her decision, right?

Just curious if the fact that she decided the school issue while he was out of state would be a factor (remember that he never told anyone he was leaving town for several weeks).

I think that the judge would likely have the same view as the magistrate, therefore appealing would likely do dad no good.

 

[pittrocks]

Thanks...just trying to think one step ahead.

 

[pittrocks]

Strange Things Going On...

So, Dad has been leaving kids with Grandma on his time quite frequently (about 80% of the time)...I always find out later. Haven't pursued ROFR formally though I've thought about it.
Got email from Dad this week saying he wants to send 7 year old son to residential Cub Scout camp every Thurs through Sunday during the summer. He says either he can attend with son, or 12 year old cousin and his Dad (ex's brother can). 5 year old daughter would be staying at home with Grandma if Dad attended(and even if he didn't).
I think son is too young for sleepaway camp right now, plus every week?
On my weekends I guess I'm supposed to go get son on Friday from camp (wherever it is)??
Call me nuts. But I think Dad is trying to ship son off on his custody time, which is from Weds night through Friday and every other weekend.

Anyone have any thoughts?