Custody Modification

[lamommy]

What is the name of your state? CA

Current Order - Joint Custody
During School Term
Monday after school - Friday am with NCP
Friday after school - Monday am CP
During Summer
Alternate Weeks

History
Went to court to request a reversal so daughter can attend a better school with NCP. Judge felt that good kids go to bad schools and can still turn out ok so request denied.

Problems
1. 8 year old daughter is out of the home at childcare or school from 6am-6pm
2. No extra curricular activities also social problems with childcare as they live in an inner city neighbourhood
3. Attending inner city school (stabbed with pencil, bullied and inappropriate incident with a little boy on school premises (confirmed by my daughter but no witnesses & boys parents will not contact us, the school will not get involved).
4. CP now wants to move daughter to new school in sept. I am also in agreement with this due to all the problems at the school.
5. CP plans on also moving at the end of year has not responded as to whether my daughter will be moved to another school yet again.
6. Daughter has already attended 4 previous schools and with the move could possibly be attending a 6th.

Question

Would like to go back to court and request a change in custody based on my daughters quality of life. I am not sure what the best approach would be. Any advise you can offer would be great.

 

[Ohiogal]

What is the name of your state? CA

Current Order - Joint Custody
During School Term
Monday after school - Friday am with NCP
Friday after school - Monday am CP

Okay so the NCP has the child more than the CP? Then how the heck did the CP become the CP and the NCP become the NCP?
During Summer
Alternate Weeks

History
Went to court to request a reversal so daughter can attend a better school with NCP. Judge felt that good kids go to bad schools and can still turn out ok so request denied.

What is considered a better school? Did you prove that it was a better school?

Problems
1. 8 year old daughter is out of the home at childcare or school from 6am-6pm
2. No extra curricular activities also social problems with childcare as they live in an inner city neighbourhood
3. Attending inner city school (stabbed with pencil, bullied and inappropriate incident with a little boy on school premises (confirmed by my daughter but no witnesses & boys parents will not contact us, the school will not get involved).
4. CP now wants to move daughter to new school in sept. I am also in agreement with this due to all the problems at the school.
5. CP plans on also moving at the end of year has not responded as to whether my daughter will be moved to another school yet again.
6. Daughter has already attended 4 previous schools and with the move could possibly be attending a 6th.

Question

Would like to go back to court and request a change in custody based on my daughters quality of life. I am not sure what the best approach would be. Any advise you can offer would be great.

Quality of life is NOT a legal reason to change custody. You need to allege why legally it is in the best interests of the child.

 

[lamommy]

My error
Visitation Schedule is

Current Order - Joint Custody
During School Term
Monday after school - Friday am with CP
Friday after school - Monday am NCP

I did prove it was a better school for a number of reasons

1. API score 9/10 as opposed to 3/10 for my daughters current school
2. On site before & after school care with sports and other enrichment activities offered. THis is not present in my daughters current school
3. Music & Arts enrichment programs (Not offered at my daughters current school)
4. Advanced program (not offered at my daughters current school). My daughter is considered advanced and outperforms her peers by far. Also tested a year ahead when she started the school but the school doesnot have the resources to work with her individually.

The main reasons why I want the change are
1. The poor quality school
2. She could be at school at 8am when school starts and leave at 2:30 when school finishes and therefore take part in extra curricvular activities
3. SHe would actually get to spend more time with everyone.

 

[GrowUp!]

I did prove it was a better school for a number of reasons

No, you didn't. And I'll tear apart and tell you why.

1. API score 9/10 as opposed to 3/10 for my daughters current school

So? This is simply a statistic. There are smarter kids, but does not necessarily mean it's a "better school", per se.

2. On site before & after school care with sports and other enrichment activities offered. THis is not present in my daughters current school.
3. Music & Arts enrichment programs (Not offered at my daughters current school)

Again...so?! This school is able to offer more extracurriculars. Obviously the residents of this school district support their school system when levies are on the ballot. Just because they offer more extracurriculars does NOT mean that it's a better school.

4. Advanced program (not offered at my daughters current school). My daughter is considered advanced and outperforms her peers by far. Also tested a year ahead when she started the school but the school doesnot have the resources to work with her individually.

Because the school can afford to. See my comments above about residents passing school levies. Again, this doesn't mean it's a "better school" because they offer this. You simply listed the additional programs this school offered and that's it. Whoop-dee-doo.

The main reasons why I want the change are
1. The poor quality school
2. She could be at school at 8am when school starts and leave at 2:30 when school finishes and therefore take part in extra curricvular activities
3. SHe would actually get to spend more time with everyone.

Weak x 3. None of what you mentioned proves that this is a "better school" than the school the child is going to. And if you think it is, then you're misguided and completely missing the point. This school is ABLE to offer more...but it does not mean in anyway shape or form that the level of education is more. Plain and simple.

I agree with the Judge as s/he is right. There are many intelligent kids that go to bad school (i.e. I am near the Cleveland public school system...one of the worst in our state). But yet, there are kids out of every "bad" school district out there that manages to be accepted into well-respected colleges every single year. Yet you barely hear about them. It's up to the STUDENT to make the best of their education that is provided to them. If I was a teacher in the district of your child, I'd call you in for a conference and tell you to go "f-yourself" as you just offended every teacher in your child's district by your comments as you pretty much said that the teachers suck, simply because this school district doesn't offer extracurricular flute lessons after-school!

Obviously your child isn't making the most out of the school s/he's attending now. THERE'S the problem.

 

[Ohiogal]

My error
Visitation Schedule is

Current Order - Joint Custody
During School Term
Monday after school - Friday am with CP
Friday after school - Monday am NCP

Okay this schedule makes more sense.


I did prove it was a better school for a number of reasons

Sorry but I agree with Growup!This doesn't prove anything.

1. API score 9/10 as opposed to 3/10 for my daughters current school

Did you have a witness show how the API scores are calculated and what information is used to determine them and walk the court through the steps necessary in order for a school district to be rated a 3 or a 10? Did you include all the information that went into coming up with this API score including having a witness that actually calculates the API score for the schools? A proper foundation needs to be laid in order for the Judge to have a great understanding of what makes one school better than another. Your opinion of better doens't matter.

2. On site before & after school care with sports and other enrichment activities offered. THis is not present in my daughters current school

So? Day cares are available though. This is a choice of differences in day care now. Not in schooling or education.
3. Music & Arts enrichment programs (Not offered at my daughters current school)

How many music and arts programs has she participated in -- even if her school doesn't have them, there are other means of participating. What is her interest in it? Has she taken private music lessons all this time? Has she participated in community plays or paint as a hobby? these programs are nice but there is no guarantee at all that your daughter (a) wants to participate in them, (b) has an aptitude or interest in them, (c) would utilize them even if they were available. Did you prove that she would utilize them, has an interest and such programs are necessary to HER education experience.

4. Advanced program (not offered at my daughters current school). My daughter is considered advanced and outperforms her peers by far. Also tested a year ahead when she started the school but the school doesnot have the resources to work with her individually.

Again, has she attempted to take courses at a community college or other enrichment classes. How has she "considered advanced"? Did you prove to the court by bringing in the guidance counselor or whoever else has tested her as advanced to state that such programs would be an asset? Did you prove her advanced ability by showing the court experts who can testify that this is not a parent's word that she is advanced and is a fact that the school where she is is holding her back and unable to properly deal with a child like her?
The main reasons why I want the change are
1. The poor quality school

That is your opinion.

2. She could be at school at 8am when school starts and leave at 2:30 when school finishes and therefore take part in extra curricvular activities

So why does the afterschool and before school program matter?
3. SHe would actually get to spend more time with everyone.

How? Show the court that. Don't just state it. Show them how that would happen. Of course the main problem is that it is all opinion and you haven't shown how moving the chlid to a different school is in the child's best interest.

 

[lamommy]

Ohiogal

Thank you so much for your very constructive advise. I have seen responses both here and elsewhere where it seems people are just angry.

Now on to your comments
With regard to the API I assumed a judge would be well versed in areas such as this but I will definately look into having somone testify. The API score essentially looks at the performance of all students in that school. It really doesnt mean that all students are failing or will fail.

To date my daughter has not participated in any music and arts programs this is not because of lack of interest but because of CP's work schedule. During summers the weeks that she is with me she has does these types of activities. How would you go about proving interest other than stating what my daughter has said? I know they generally say thats heresay.

At 8 years old I was not aware she coudl take courses at a community college and again because there is no one to take her during the weekdays this coudl be a problem. When she started her current school she tested a year ahead in tests administered by the school. She is a straight A student. We did speak to her teachers when she started school and really other than us working with her more at home there isnt much they can do. It is a public school in an innercity area and the teachers themselves are often stressed out because of all the issues they deal with daily. She has even bitten herself in class because she was bored. Additionally she does not have to study for any of the tests which she is given and scores 100% consistently. I guess I am just seeing warning signs and want to intervene before its too late.

The afterschool program really doesnt matter. I used it to illustrate the difference in resources offered by each school. What I would like is for her to be able to participate in a sport or class of her ineterest once or twice a week instead of going to childcare for 5days a week for extended periods of time.

Thanks again for your input.

 

[Ohiogal]

Ohiogal

Thank you so much for your very constructive advise. I have seen responses both here and elsewhere where it seems people are just angry.

Now on to your comments
With regard to the API I assumed a judge would be well versed in areas such as this but I will definately look into having somone testify. The API score essentially looks at the performance of all students in that school. It really doesnt mean that all students are failing or will fail.

here is the thing -- you and the judge are NOT experts on this. YOU have to educate the judge exactly how those scores are calculated. Since you are NOT an expert, you have to get an expert to do the educating. You have to bring in someone who knows exactly how these scores are determined, what factors they use and not just general knowledge. You need the nitty gritty. That costs money.

To date my daughter has not participated in any music and arts programs this is not because of lack of interest but because of CP's work schedule. During summers the weeks that she is with me she has does these types of activities. How would you go about proving interest other than stating what my daughter has said? I know they generally say thats heresay.


You can't state what your daughter has said. Your daughter can testify to what she is interested in. She can tell a GAL if one is appointed (which I would suggest). The GAl can then inform the court. She needs to get across HER interests -- not things she does because mom or dad want her to. But HER interests. What she wants to be able to do and if she has aptitude for any of this. The thing is there are local dance/art/music classes that meet on weekends or evenings that she could have attempted. YOU can also show that you have paid for this activities and bring examples of things she has completed if they are visual or pictures of her engaged in the activities as well as reports from the instructors of these classes if you have received any of them.

At 8 years old I was not aware she coudl take courses at a community college and again because there is no one to take her during the weekdays this coudl be a problem.

Look into special weekend and summer courses that may be offered at community colleges. They are not college courses but courses taught at the community college that deal with a variety of different things from cooking to drawing to performing arts to writing and computers. They are taught for kids. Call the local community education office the colleges in your area and see what they offer.

When she started her current school she tested a year ahead in tests administered by the school. She is a straight A student. We did speak to her teachers when she started school and really other than us working with her more at home there isnt much they can do. It is a public school in an innercity area and the teachers themselves are often stressed out because of all the issues they deal with daily. She has even bitten herself in class because she was bored.

Biting herself is NOT normal. She needs to be in counseling to determine alternative methods of dealing with the situation.

Additionally she does not have to study for any of the tests which she is given and scores 100% consistently. I guess I am just seeing warning signs and want to intervene before its too late.

There is more that can be done than changing schools. She may change schools and have the same problems. You can also help by encouraging her to read more and take her places that spark her learning.

The afterschool program really doesnt matter. I used it to illustrate the difference in resources offered by each school. What I would like is for her to be able to participate in a sport or class of her ineterest once or twice a week instead of going to childcare for 5days a week for extended periods of time.

Thanks again for your input.

Then why dont you try to find a compromise. Find a child care that incorporates this in the other parent's area. Suggest it. Visit it. I live in a city too (not a big one) and we have child care centers that spend time each day teaching a second language (spanish or french), going on field trips, teaching computers, and engaging the children in interests outside of normal play (and do NOT underestimate a child's ability to learn while they play -- free time is a luxury nowadays.

 

[stealth2]

She has even bitten herself in class because she was bored.

Geez - when my kids have been bored in class, they've picked up a book to read.

And after re-reading the initial post/corrections, I am confused. OP - are you saying that you want your child to go to the school by Dad's?