West Covina, CA asked in Divorce, Family Law and Child Custody for California

Q: High conflict child custody case. Mother wants child to attend private school. She causes many absences to sabotage

His education to the point the school has set meetings to discuss. Brought it up to the court 4 different RFOs, all denied because Mother states the child is sick and only keeps the child out of school on 2 days max because 3 days or more requires Dr’s note. Child averages between 20-30 absences per school year.

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: My guess is that your motions are not supported by the appropriate evidence. Do you attach exhibits like the school attendance records showing the absences? Do you attach as exhibits, school's notices sent to the parents about the meetings set to discuss attendance?

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If there is a high conflict child custody case and the mother is causing many absences for the child to sabotage his education, it may be important to gather evidence and bring the issue to the attention of the court.

In some cases, if a parent is intentionally causing a child to miss school or interfering with the child's education, it may be considered a form of parental alienation or a violation of the child's best interests.

One potential approach may be to document the absences and gather evidence, such as school records, notes from teachers or administrators, and any communication or documentation related to the mother's actions. This evidence may be used to support a motion or request for a change in custody or parenting time arrangements.

It may also be helpful to work with a qualified attorney who is familiar with child custody and education laws, and who can provide guidance on the best course of action for your specific case.

Ultimately, the court's decision will be based on the best interests of the child, and may take into account factors such as the child's academic performance, attendance, and overall well-being.

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