Q: My ex wife is keeping my 12 year old son from school. What are my odds of getting custody if I go into this?
She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the feeling she doesn't care and has also found ways around not going to work to keep everything kosher.
A: A child's education is one of the major factors that the judge considers when determining custody or a change in custody. The Court will likely take a big picture approach. If the child is struggling academically and is missing a lot of class for unexcused reasons, then the Court could use that as a factor in a decision to change custody to the other parent if the Judge believes that would likely improve the child's attendance and academic success. On the other hand, if the child is excelling academically, socially, etc. the Court may not want to change things even if the Judge would otherwise frown upon missing school time without a valid reason.
A: The only way to have an evaluation of your specific case would be to have a confidential consultation with an attorney who is experienced in family law and familiar with the Judge on your matter and to review your current Parenting Plan and court orders as well as the child's current attendance, progress in school, and any other family or environmental factors involved. Often missing school or work is indicative of other issues that may be going on for the parent or the child. Best wishes as you work through this situation!
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