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Noncustodial father wonders if he can modify custody due to child failing and skipping school

Your Question:
I am a father with 30% custody. For the last 2 years my daughter has been failing school in her mothers care. My ex will not communicate with me. She will not even give me her home phone number. Within the last six months I have had to call the police due to her hacking my private information on my website, my daughter has complained that she isn't fed in the morning before school, I've gotten calls from the school that she hasn't been provided with lunch, and now my ex has moved her new boyfriend into her one bedroom apartment and my ex and the new boyfriend are sleeping in the living room where my daughter can walk in on them at any time. My ex also took my daughter out of state during Christmas break and did not follow the itinerary as per CO. In that instant I had to call the police to get a hold of her because no one knew where they were. She had called in sick to work and kept my daughter out of school so they could stop in another state on the way home and go snowboarding. I called the police because she would not return my calls and I was concerned about my daughters safety. Since then she has kept my daughter out of school because she was running late and instead had taken my daughter to work for the day. I want to seek physical custody of my daughter. Being with her mother is no longer in her best interest. Do I stand a chance?

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My Answer:

If you have no major problems with drugs, alcohol, violence, homelessness, or crime; it seems like you have a slam-dunk case to modify custody and have the majority timeshare with this child.

If you've read many of my other responses, I rarely offer my opinion that someone has a slam-dunk (or as close to assured as possible).

I suggest you pony up the cash to retain a good attorney, build your case, and file to change custody.

Interfering with a child's education is a biggie. If the mother is contributing to the problem, you've got a done deal.

But you need to do it right, and this is one of those times where it'd be worth it to spend a few thousand bucks to make sure it's done right.

It'd be awful if you have a strong case, but you screw it up due to ignorance of how to best present it to a court (i.e., following proper process and procedure).


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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