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Custody modification vs emergency custody

christinen's picture

Submitted by christinen on Mon, 09/09/2013 - 12:43pm

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General Discussion

I know some of you have a lot of experience with custody issues, so let me run this one by you. DH is going to court today and is not sure whether he should file for custody modification or emergency custody.

Basically, DH and BM have had 50/50 week on/week off for years. SD started kindergarten 2 weeks ago and the week on/week off is not working because BM lives 2 hours away. She did not send SD to the school her and DH agreed on for the entire week she had her (last week). She has gone to school every day that DH has had her.

I am thinking the court will not consider this an emergency, but obviously SD needs to go to school. I know sometimes it can take months to get a regular custody hearing and the school issue needs to be addressed immediately.

What do you guys think?

just.his.wife's picture

Submitted by just.his.wife on Mon, 09/09/2013 - 12:57pm

I both, emergency now with a move for permenant and call CPS and tell them she is neglecting the childs education and how.

Igiveupsotornupinside's picture

Submitted by Igiveupsotornup... on Mon, 09/09/2013 - 1:39pm

She is neglecting the child's need for schooling which is a big NO NO! I would think the court would make this mandatory. Also the above by Just.his.wife is correct. Call CPS...the court may do this for you.

christinen's picture

Submitted by christinen on Mon, 09/09/2013 - 2:04pm

Thank you guys! I did a little bit of research online and yes, not sending a kid to school does fall under neglect in our state so he has grounds for emergency custody. I just wasn't sure if they would consider it an emergency but I guess with it falling under neglect, they should!

As far as their previous CO, it didn't mention anything about schooling because SD was only 1 at the time. They have had the same week on/week off arrangement for the last 4 years. I tried to warn DH it wasn't going to work when SD went to school but I guess he had to learn the hard way!

christinen's picture

Submitted by christinen on Mon, 09/09/2013 - 3:17pm

I checked and it is required in our state. I was surprised to find out now many states actually require kindergarten! Thanks for the heads up!

christinen's picture

Submitted by christinen on Tue, 09/10/2013 - 1:51pm

Just to update, DH filed for emergency custody. The court will notify him in 48-72 hours (from yesterday) of whether or not they will grant the emergency custody. DH and BM will then have a hearing (it has not been scheduled yet) for a custody modification. Basically all DH is asking for is that he have SD during the week for school since BM is apparently incapable of sending her kid to school. BM can then have SD on weekends, school holidays, and most of summer. Hopefully they grant what he is asking.