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  1. #1

    Default Changing Custody Over Educational Neglect

    My question involves a child custody case from the State of: Ohio

    So here goes... I'm seeking custody of my 10 year old daughter. There are many things wrong that the mother has done. Here's a couple things:

    My child has missed so many days of school every year she has gone. For example, Kindergarten: about 40-50days, 1st grade: about 40 days, 2nd grade: 54 days (my child failed the second grade because of all the days absent) and my ex went to court and everything for that, not sure how many she missed again in the second year of 2nd grade, now 3rd grade: 26 days missed and 26 tardies (she was tardy a lot in the previous years). She literally lives across the street from the school right now. I'm no expert, but I'm sure that would be considered educational neglect, right?!

    Now I think I have that in my favor.

    The mother also has somewhat of a criminal background. She has a charge for Theft (which she actually has a warrant for her arrest right now because she failed to appear to that court date), a couple other Failure to Appears, and Eviction.

    And today she actually just got sent to jail from court because of a Failure to Appear charge. The original charge was for Disorderly Conduct. Which leads to my other question... I know I have a great chance of getting custody now. But can I get emergency custody since she is in jail. I don't think she'll be in for very long. A couple weeks to a month, tops.

    I've called CPS on her a couple times for the educational neglect in the previous years, but nothing was done about it. She gets so many chances, it's unreal.

    So to sum it up, my questions are:
    -Can I use the educational neglect as a sole purpose of seeking custody and do you think the judge will likely give it to me?
    -Can I get emergency custody if the mother is in jail right now? (I forgot to mention that my ex has 5 kids and lives with her sister who has 5 kids, so there's 10 kids and 2 adults living in that townhouse). I called about CPS on that too about the squished living conditions.
    -My ex is also unemployed an has been for at least 7 years, so will they look at her financial situation compared to mine?

    I pay almost $600/month on child support and I am current on it. I have a fiancé and an 8 month old baby. We live in a 2 bedroom apartment and my 10 year old has her own bed, closet, dresser, etc. I am also very financially stable. Not a single thing on my record and I currently have visitation.

  2. #2
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    Default Re: Changing Custody Over Educational Neglect

    Why have you chosen not to initiate any custody action in relation to the child's schooling, despite being aware of this problem for years? Educational neglect can be a big deal, but if I were the judge I would be seeing you as being neglectful or at best indifferent, as well. Why hasn't the school taken action?

    Don't you have de facto custody while the mother is in jail? If the child is already with you, a temporary order granting custody while mom is in jail is unnecessary.

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