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when is enough to show a change of circumstance?

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cayman

Junior Member
What is the name of your state?CA

Our child is in 1st grade. My ex is not getting jr. to school on time. 12 tardies in 52 school days this year. We do a 50/50 split week, so the ex is close to the fifty percentile. On eight occasions 1 - 1 1/2 hr. late. After the 5th tardy and we both received a letter from the principal. Once, after missing a test (1hr. 15min. late), jr.'s teacher contacted me requesting my help in resolving the problem as she is becoming more concerned.

A similar situation occurred last year. Kindergarten is more forgiving with tardy's as far as any disiplinary policy is concerned. Nevertheless, there is some history.

Yesterday our child did not go to school. Ex said jr. was sick. The child seemed perfectly healthy when I picked her up. Then I come to find out that jr. spent the day with the ex at work.

How long does this have to go on before the Family Court will consider there to be enough of a change in circumstance to order a modification in custody?

We have a CMC/CCC comming up this January.What is the name of your state?
 


CJane

Senior Member
What is a CMC/CCC?

I don't think you have a change in circ that would result in a custody change... maybe in the judge telling dad to shape up. Maybe.
 

casa

Senior Member
What is the name of your state?CA

Our child is in 1st grade. My ex is not getting jr. to school on time. 12 tardies in 52 school days this year. We do a 50/50 split week, so the ex is close to the fifty percentile. On eight occasions 1 - 1 1/2 hr. late. After the 5th tardy and we both received a letter from the principal. Once, after missing a test (1hr. 15min. late), jr.'s teacher contacted me requesting my help in resolving the problem as she is becoming more concerned.

A similar situation occurred last year. Kindergarten is more forgiving with tardy's as far as any disiplinary policy is concerned. Nevertheless, there is some history.

Yesterday our child did not go to school. Ex said jr. was sick. The child seemed perfectly healthy when I picked her up. Then I come to find out that jr. spent the day with the ex at work.

How long does this have to go on before the Family Court will consider there to be enough of a change in circumstance to order a modification in custody?

We have a CMC/CCC comming up this January.What is the name of your state?
Absolutely... Attendance/tardies are a valid reason to consider a change in custody. Get copies of ALL the attendance records... Combine that with a schedule which shows that this is occurring when the child is with the X. The court will Definately consider this re; a change in custody during your Case Management Conference in January.
 

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