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    SOSMOM's Avatar
    SOSMOM Posts: 10, Reputation: 1
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    #1

    Jun 8, 2007, 08:09 PM
    5th School in 9 years, 3rd school in 5 years .
    Ok I have a few questions about visitation and Bio mom moving to yet another school district.

    1. Bio mom has convinced oldest SD that money is more important than family, we have tried to get her to come home over the last two years... she refuses and BM does not make her( cops won't follow the parenting plan either ) our family psychiatrist ( whom BM refuses to go see now because she has lied to him too much ) has suggested we let it ride, try to call or email ( to no avail ) and let her realize she has made a mistake and she will eventually come home. Now BM who has lived with her mom and dad for the last 7 years is moving into the grandmother's house that she recently moved out of, she has no job no income and she is wanting to move the kids into yet another school district, after a modification 2 years ago she told the judge she couldn't afford to move out and support herself and her kids ( while making $40,000/yearly )and now she has no money, her mom is paying for all the furnishings?? I don't get it lol

    2. What form do we file to stop her from moving? I know there is something you can file to stop her from moving but the courts keep insisting they do not know what forms you need to file?? We are still paying on our last attorney... it is crazy! He did nothing, I did most of the work and he charged me for it!

    We have tons of stuff on this woman I am not worried about the Pro Se court appearances, but I am worried about the order of the filings. Help, what do we file first? We have already sent her a certified mailing saying we want the kids in our school district... waiting on a response from her still. Not sure we will get one, but still waiting.

    Any advice is greatly appreciated! Thank you in advance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 8, 2007, 08:19 PM
    Ok, I don't understand a lot of your short hand? (SD) south dakata?

    And who is who, what is your relationship to this.

    But if this is a custody fight, unless they are moving out of state, or moving that interferes with visitation there is almost nothing that can not be done.

    And to be honest being military and government, my kids most likely did more than that many schools, since we moved from one state to another about ever 1 1/2 years. And to be honest they did just fine.

    There is no real forms to file, you have to write out motions, based on some prinicpile of law, so if your custody agreement says they can't move, because of this or that, most in gneral, no you can't stop them moving just around in the same area even if it is between school disctricts.
    SOSMOM's Avatar
    SOSMOM Posts: 10, Reputation: 1
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    #3

    Jun 8, 2007, 08:25 PM
    Ok, I am the SM ( Step MOM) SD means Step Daughter, according to the parenting plan the kids shall go to school where the mom resides for the time being, except for the fact that it is not healthy for them to move around as much as she has moved them, their grades have been affected greatly over this, in fact my step daughter failed 3 classes this past 8th grade year and 2 before in her 7th grade year! My SS ( step sons ) are just now getting their grades back up to where they are supposed to be.

    There is a motion we can file I just do not know what it is called, I was given this information years ago when she initially started to move to another district... I just don't remember the name of it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 9, 2007, 06:47 AM
    Of course as a step parent you personally have no legal standing, your husband will have to file some motion, he could hire a lot of mental health and educational experts to testify that all of this moving is hurting the children, perhaps ask the court to have the children eximaned by experts and see what their opinion are.

    You have to file a motion to admend the custody agreement, it is not a fill in the blank and there will have to be evidence ( at least to win there will have to be) that there is danage to the children.

    But all of it will require an attorney and expert testomony, since normally there is no issue with this.

    And of course many kids fail classes, and they don't move at all, so this will have to be shown as the real cause.

    Remember you can then expect the bio mom to counter sue for more child support ( my guess) they would come back claiming that the children could do fine, but need help with after school programs, tutors and the such.

    So at this time, lawyers and court hearings is what will have to happen, this is not a do it yourself type of case.

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