Who has jurisdiction?

[treici]

Original divorce decree filed in IL. Mother has lived in MO with kids for approximately a month. Prior to that, she lived in KS for a little less than a year. I believe that she establishes residency in MO after 3 months, but unsure. To file for a modification, where would my husband need to go? I believe his attorney said that IL would not keep jurisdiction since the kids no longer live there but they aren't official residents on MO either... Husband and I also don't live in IL, we are in FL.

Is stability of ex's household(moved 4 times in last year)considered a significant change of circumstances if it is affecting children's school performance/conduct?

 

[Ambr]

MO required 6 months residency.

if the original decree is in IL and no one has filed for a motion to change the jurisdiction, then IL holds the jurisdiction.

yes, moving frequently is considered to be a change. it shows an instability in the home.

 

[treici]

Thank you...

I'm not sure that we will be able to use that as she has just gotten married(last weekend) to the father of her youngest. She originally moved to KS to live with him after meeting him over the internet and then getting pregnant soon after they 'met.' We were told that she moved to take a better job. He took a new job in MO and she followed taking a demotion in the process.

We have already requested all of the children's school records...she never sent us copies when asked so we are going directly through their schools now. One has not responded yet, but the first showed a significant number of absences and tardies as well as some discipline problems. We are also trying to get hold of their new school system to find out if their absences could affect promotion to the next grade(she pulled them out of school early rather than wait 3 more weeks to move).

 

[Ambr]

I found a really good letter for request for records.
===================

(your name) (address) (city, state + zip) (phone)

(date)

Principal (name of school, address)

RE: (name) (DOB) (SSN) (place of birth) (grade)

Dear Principal:

Please send complete records of the above student(s), my (son)(daughter), to me at the above address.

Test results, application forms, cummulative scholastic records, enrollment records, health records, and any other information concerning my (son/daughter), are aslo requested. Please include grades of all subject to date. If the grading system is in the least unusual, please include an interpretation. Also please include all "shot" records, vaccination recrods, and immunization records, insurance records, counsellor's reports, accident reports, incident reports, enrollment cards and report cards. You are also requested to include all records of or involving psychological counseling, testing, etc.

In addition, please send me copies of all "developmental evaluation", psychological and psychiatric evaulations, test results and reports, Division of Youth and Family Services (DYFS) reports. Division of Social Services reports, home studies, custody evaluations, copies of any and all requests received from any soure concerning (son/daughter) as well as any other documents, reports, correspondances and the like in (son/daughter) file. Please send copies of all documents related to or in connection with any case worker or social worker investigation, interviews, etc. I, also, request that I receive copies of all notices and material sent to the custodial parent.

I also request that copies of all of the aforementioned type of reports, etc. that become available as (son/daughter) progersses through the (name of school) be sent to me sa they become part of his record or are available to the school.

As you are most likely aware, being a profession educator in the teaching and/or school administration profesion, Federal Law requires that I be furnished all of the above infomration. Your attention is directed to The Family Educational Rights and Privacy act (FERPA), Public Law 93-380, Title 20, USCA Section 1232(g), et. seq and Title 93-568 et seq. As you know, and your local school board lawyer will be glad to confirm and verify this for you, Federal Law requires that this information, files, papers, documents, etc. cannot be kept from me and must be released to either parent if requested. This is a formal written request, pursuant to the above cited FERPA.

In the event any of the above requested reports or information is legitimately confidential by law, and not allowed to be released to me, I request that the rest of this request be considered seperately, and an itemized list of the reacted items be included.

Sincerely,

(your name typed)

(signed)

 

[treici]

I also found a couple of form letters for requesting records(both of which cited FERPA), I believe that this is one of them. The link was in a post on http://www.dadsdivorce.com We intend to send registered letters for both the children to the school once we find out their district information. And also to their previous schools to have on record that we did formally request the information.

Can you think of any more documentation that would be helpful to us? We would prefer to have as much documentation as possible even down to copies of emails sent between them. I know I'm probably over-looking quite a bit.