Does a Custody Evaluation expire?

[_HappyDad_]

Thanks for all the great replies, everyone.

D4 won’t start school until Fall 2021. I will be making the case that I have provided stability by remaining in the marital home, while EX’s instability could be a wild card.

I have great passion for learning. I was a straight A student in college. I work in acute critical patient care.

the rest of the info I collected was suggested by my attorney—gather as much data as possible to compare.

As far as the School Report Cards, they are the only data points I could find from a source resembling a credentialed entity. They show the schools are equal as far as student testing.

 

[LdiJ]

Thanks for all the great replies, everyone.

D4 won’t start school until Fall 2021. I will be making the case that I have provided stability by remaining in the marital home, while EX’s instability could be a wild card.

I have great passion for learning. I was a straight A student in college. I work in acute critical patient care.

the rest of the info I collected was suggested by my attorney—gather as much data as possible to compare.

As far as the School Report Cards, they are the only data points I could find from a source resembling a credentialed entity. They show the schools are equal as far as student testing.

You still are not addressing logistics and hardships. Clearly your school is incredibly convenient for you, and the school in mom's district appears to be relatively convenient for her. Now, you need to address the distance between your school and mom's work, and can mom get the child to school on time plus get to work on time. You also need to address the distance between your home and mom's school (which should be no more than 5 miles since you live 3 miles apart and the school is 2 miles from mom.
You also need to address whether or not you could get the child to school on time and get yourself to work on time. The analysis needs to include start and end times for both schools, and whether or not after care is available. If mom works a standard nine to five you need to address whether or not mom can get to aftercare on time as well, if the child goes to your school. You need to make that same analysis for you as well.

 

[_HappyDad_]

We both use family to help when we are working. so assume there is no hardship in getting kiddo to school. EX does work 9-5 hours. I work hours that vary during the first shift time frame, but alway less than 40 hours per week. I have a great job.

I would be available for after school hours, except for Mondays, so that no child care is needed.

So, the things that may be considered, in my opinion. is that I live AND work next to my school. I have provided stability for housing for D4. We have neighborhood kids that are friends with D4 that will also attend the school. EX has moved four times in four years. EX has had four jobs in five years. EX works 10 miles from either school. EX has been diagnosed, as confirmed in an evaluation given to my attorney, with anxiety, depression and anger issues.

I understand that her mental health is manageable, and not a reason to interfere with parenting schedules. I am not interested in changing parenting schedules. I would like her mental health to be addressed in a hearing. I do not think she is getting treatment, and I think that is irresponsible. I have maintained a relationship with a therapist for the last two years to make sure that I handle obstacles in a reasonable fashion.

 

[LdiJ]

We both use family to help when we are working. so assume there is no hardship in getting kiddo to school. EX does work 9-5 hours. I work hours that vary during the first shift time frame, but alway less than 40 hours per week. I have a great job.

I would be available for after school hours, except for Mondays, so that no child care is needed.

So, the things that may be considered, in my opinion. is that I live AND work next to my school. I have provided stability for housing for D4. We have neighborhood kids that are friends with D4 that will also attend the school. EX has moved four times in four years. EX has had four jobs in five years. EX works 10 miles from either school. EX has been diagnosed, as confirmed in an evaluation given to my attorney, with anxiety, depression and anger issues.

I understand that her mental health is manageable, and not a reason to interfere with parenting schedules. I am not interested in changing parenting schedules. I would like her mental health to be addressed in a hearing. I do not think she is getting treatment, and I think that is irresponsible. I have maintained a relationship with a therapist for the last two years to make sure that I handle obstacles in a reasonable fashion.

I give up. You want to think that what you think is important is important and don't want to consider anything that you don't think is important. In my opinion that is not going to serve you well in court in this instance. You are still harping on issues that are not likely at all to be relevant in a decision about school districts.

And by the way, there is no possible way that mom can work exactly ten miles from each school.

 

[_HappyDad_]

She works 10 miles from her school, 12 miles from my school.

There is not going to be a hardship for school transportation. That was true for your family, but that won’t be true for mine. I’m not going to make that a central part of my case because EX will say she had family to help Her out, just like I will say the same thing.

 

[LdiJ]

She works 10 miles from her school, 12 miles from my school.

There is not going to be a hardship for school transportation. That was true for your family, but that won’t be true for mine. I’m not going to make that a central part of my case because EX will say she had family to help Her out, just like I will say the same thing.

So, you are going to give up demonstrating to the judge that you have been thoughtful, considerate and fair in making your decision? Because if you don't make that a real part of your case, you will not be demonstrating those things to the judge.

 

[_HappyDad_]

That’s what I’m trying to figure out. Your insight is very helpful.

I was weighing whether or not I could show past instances of where I have been considerate and reasonable , whereas the EX has not.

I can show where she has flat out lied in her Motions, how she tried to eliminate me from D4’s life, how she is an overall unreasonable person. For me to say such here is not effective, as I could not possibly give every detail. My attorney would know how to craft the argument based on the information and background of my case, if that’s determined to be the best route

I am also hoping that showing my overall stability versus EX’s instability will be a major factor.

its helpful to hear what ideas I have are not good. I appreciate the feedback.

I have not found much information out there on this topic. I do scour google scholar for applicable case law.

I can’t imagine what the EX could use to prove her school is the better choice. In the past, she has just lied in court. She never has proof to support what she says. She has told some real whoppers. In fact, she once provided an email exchange that proved she was lying. It was amazing.

Im hoping to show a consilience of induction, based on the totality of my case.

 

[stealth2]

The courts never appreciate hearing one parent denigrate the other.

 

[LdiJ]

That’s what I’m trying to figure out. Your insight is very helpful.

I was weighing whether or not I could show past instances of where I have been considerate and reasonable , whereas the EX has not.

The judge will not appreciate that in a hearing to decide what school the child will attend.

I can show where she has flat out lied in her Motions, how she tried to eliminate me from D4’s life, how she is an overall unreasonable person. For me to say such here is not effective, as I could not possibly give every detail. My attorney would know how to craft the argument based on the information and background of my case, if that’s determined to be the best route

The judge will not appreciate that in a hearing to decide what school the child will attend.

I am also hoping that showing my overall stability versus EX’s instability will be a major factor.

A judge is likely to have a bit of a different opinion than you do about overall stability. Moving 4 times in 4 years is not considered to be particularly unstable. However, you could include in your argument that mom tends to move once a year, and you have remained in the marital home and have no intention of moving, and therefore it is unlikely that your child would have to change schools if she went to school in your district. Just don't use the term "instability". That is unnecessarily derogatory and won't be appreciated by the judge.

I can’t imagine what the EX could use to prove her school is the better choice. In the past, she has just lied in court. She never has proof to support what she says. She has told some real whoppers. In fact, she once provided an email exchange that proved she was lying. It was amazing.

This is a discussion about choosing a school for your child. The past is irrelevant. You already said that both schools were basically equal so don't try to claim that yours is significantly better. Once again, logistics and fairness are going to be bigger factors than you want to accept.

Im hoping to show a consilience of induction, based on the totality of my case.

And I am telling you, once again, that using that strategy will not sit well with the judge in this instance. That strategy was fine in determining custody and timeshare but not for deciding which school the child will attend. The judge is not going to want to hear you retry every past transgression of mom's every time you are in court. The only time that strategy might work going forward, is if you have to take mom to court for disobeying the court orders a repeated number of times.

 

[_HappyDad_]

The courts never appreciate hearing one parent denigrate the other.

I agree. I have not done so. Ever. She had done it to me at every opportunity.

As far as logistics and fairness, EX would be able to to drop off’s at either school. She would not be able to do pick ups at either school. She would use her family for pick ups. She works 9-5.

I would be able to do pickups any day except Mondays. I could use family on Mondays, if needed. Drop offs I could do most, and use family for others.

so, unless a parent HAS to do transportation, it won’t be an issue for either of us. Fairness? With work and my home, I’m always closest. She chose to work farther away. She could choose to work closer. I don’t see how she could claim a hardship over her work location. She was working from home when we first separated.

Its interesting that “fairness” would be used in reference to Court.

the schools are equal, which is exactly what I want to prove. She will claim hers is “better”. It’s not.

So, assuming we both will utilize family equally for school transpo, that would seem to neutralize that scenario. Wouldn’t the status quo of my living arrangement play a factor? That D4 has friends in my neighborhood that she knows, and would go to school with? Maybe it will be as simple as a coin flip?

I’m not overlooking the hardship aspect, just looking for all the angles. (And looking to eliminate ideas that don’t work).

Based on the info I’ve given, please help me to see a hardship for either side. I can give more info, just let me know what I’m leaving out.

 

[LdiJ]

I agree. I have not done so. Ever. She had done it to me at every opportunity.

As far as logistics and fairness, EX would be able to to drop off’s at either school. She would not be able to do pick ups at either school. She would use her family for pick ups. She works 9-5.

I would be able to do pickups any day except Mondays. I could use family on Mondays, if needed. Drop offs I could do most, and use family for others.

so, unless a parent HAS to do transportation, it won’t be an issue for either of us. Fairness? With work and my home, I’m always closest. She chose to work farther away. She could choose to work closer. I don’t see how she could claim a hardship over her work location. She was working from home when we first separated.

Its interesting that “fairness” would be used in reference to Court.

the schools are equal, which is exactly what I want to prove. She will claim hers is “better”. It’s not.

So, assuming we both will utilize family equally for school transpo, that would seem to neutralize that scenario. Wouldn’t the status quo of my living arrangement play a factor? That D4 has friends in my neighborhood that she knows, and would go to school with? Maybe it will be as simple as a coin flip?

I’m not overlooking the hardship aspect, just looking for all the angles. (And looking to eliminate ideas that don’t work).

Based on the info I’ve given, please help me to see a hardship for either side. I can give more info, just let me know what I’m leaving out.

I gave you details about what you needed to consider but you have glossed over them.

 

[_HappyDad_]

I am asking, specifically, what hardship can you find in my scenario? I need help seeing it.

 

[Ohiogal]

The school report cards are hearsay and may not be admissible.

 

[_HappyDad_]

Thanks, OG. Are there other approaches besides the ones discussed that I should explore?

 

[Zigner]

The school report cards are hearsay and may not be admissible.

Besides - what happened last year might be TOTALLY different once things start to settle out from our current health crisis.