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trouble with the ex


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#1 KrystalEddy

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Posted 28 January 2013 - 02:02 PM

I am trying to obtain information on starting an application process for getting some help from someone. I am getting worried about my daughter who is turning 7 in 4 days. Currently my ex-husband and I share partial joint custody. I actually have her 1 extra day of the week. I recently signed up online through her school to receive automatic notifications of her absences. I checked her absences and saw that she has miss 10 days of school so far. 1 of the days she missed she was with me, and the other 9 days she was with her father. I asked her father why she had missed Friday 1/25/2013 and he told me she was sick. I picked my daughter up Sunday and asked her why she missed school and she told me she was throwing up. I knew something was funny and I asked her if she was lying, and she finally admitted to me that her father asked her to lie to me about being sick because he himself was too sick to take her to school and they were staying at his girlfriend’s house who lives 15 minutes south from her school.

I am also concerned about her living situation while she is visiting her father. He lives in a three bedroom house the his brother owns and who lives there with another roommate and then Jason. Our 7 year old shares a bed and a bedroom with her father. She tell me he leaves the TV on all night so she doesn’t sleep very well during the school week. I was aware of this living situation while we were going through our divorce last year, but he told me this living situation was going to be temporary. Well it is still the living situation. And last time I heard (during the divorce hearing) he had a suspended license and had a restraining order from transporting her anywhere. I am not sure if this is still in effect or not. Basically to sum it up, I am deeply worried about her school attendance and her living situation while she is with her father. At my house she has her own room and her own bed, and I believe it is very important for a child her age to have her independence of that nature. I am wondering if you could help me and let me know the process of what I can do to either take temporary custody until he gets his stuff together and gets a job and his own place. I don’t want to take her away from him, but I believe if this behavior keeps going on like it is, things might start effecting her in a negative way.

#2 FindLaw_Amir

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Posted 28 January 2013 - 02:25 PM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn about child custody matters, visit the Family Law Center and read Child Custody as a good resource. For further clarification on your specific situation, I suggest you consult with a local Family Law Lawyer.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 Ted_from_Texas

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Posted 28 January 2013 - 02:48 PM

Not sure what you mean by "this behavior." As far as the law is concerned, sharing a bed with Dad isn't necessarily a cause for alarm. Missing school and sleep is another matter. Surely you have discussed this with him. What does he say? Can't he watch TV in another room, or use headphones? If your daughter's grades and health appear to suffer from this routine and Dad refuses to change it, you should request the court for a custody modification that will force him to accommodate his child's needs or transfer primary custody to you, at least on school nights. Consult local counsel.




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