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    matcam7's Avatar
    matcam7 Posts: 3, Reputation: 1
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    #1

    Feb 11, 2010, 08:06 AM
    Can a mother lose her rights to the father if the child is missing too much school.
    My husband just found out that his son has excessive unexcused absences from school and also found out that he went to an alterative school for smoking marijuana. The child’s mother never informed him of their child educational well being. Can the mom lose full custodial rights to their son?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Feb 11, 2010, 09:29 AM
    Quote Originally Posted by matcam7 View Post
    My husband just found out that his son has excessive unexcused absences from school and also found out that he went to an alterative school for smoking marijuana. The child’s mother never informed him of their child educational well being. Can the mom lose full custodial rights to their son?
    She probably won't lose full custodial rights but your husband does have a chance of getting primary physical placement. Do you have documentation that the mother has not been taking care of the child? How old is he and what grade is he in?
    matcam7's Avatar
    matcam7 Posts: 3, Reputation: 1
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    #3

    Feb 11, 2010, 11:08 AM

    He is 12 years old. My husband has school documentation of all his son history of being in and out of different schools due to her moving place to place. He has the records of the unexcused absences and at one time for a whole month. My husband had to go to truancy court because of this. He was upset at his son's mom and wanted to know why he was missing so much school and as well of receiving the correspondence when he does not live with him. He has the referral to the alterative school he was placed at and it stating why he was going there. One thing I forgot to mention is that my 11 year old daughter said that my stepson was bragging that he went to juvenile one weekend to one of her friends. We don't have proof of records that he did. I told my husband about this and of course he was upset, but he did not want to confront his son nor his mother about this. He said he is going to leave it to the courts. My husband has money to put towards a strong aggressive lawyer that was recommended to us through my brother who won his daughter for him. Can the lawyer find a way to see if he has indeed been in juvenile? My stepson mom sometimes will not answer my husband text to let her know that he will be picking him up for the weekend.
    My husband has written down in journal all the times she does not answer or denies him to see their child. He has even written down the times that his son does not want to go with him. He tells his ex how come you do not make him go with me and all the response he gets from her is, "He does not have to go with you if he does not want to." My husband has never physically or emotionally hurt him in any type of way. The only reason why he does not want to come with my husband is due to him being strict.
    My stepson has stolen from her family as well from my husband and me. My husband has confronted his mother about the stealing from us and it lead into a big argument and her cursing us out. What gets me upset is that she knew her son has stolen before from her own family, but will not second guess her son that he has stolen from us. Instead of taking control of the situation and talking with the father on how to come to agreement on how to discipline him she cusses us out. She told my husband, you are going to believe that lying B**** over your son!" Referring to me. I have no reason to ever accuse a child of stealing just cause. I am not that type of person. If I knew that my 11 yr old daughter has stolen before, then a family member or a friend comes up to me and told me that she stole something from them, I am not going to second guess them. Because I knew she has done it before.
    My husband has been faithfully been paying child support since he was eighteen years old and he is now 28 yrs old. He even has the records to prove he has and also has been over paying for some time now and we prove of that as well. It has never been about the money at all! He just afraid that his son is going into the wrong direction such at a young age. His mom has 4 other children and lives with her boyfriend who has a criminal record. We know this because she has told my husband about this before, but never for what. They all live in a 2 bedroom apt in not a good area. She has always moved in areas that were not that great because it is affordable. The schools are not good either. I feel that she is not being a good co parent letting my husband know about his educational and physical being. My husband feels that one day he is going to get into trouble that he will not be able to get himself out of. My husband told me that he wants to be the father figure in his life, but it is hard to be when she does not communicate with him. Please advice!
    matcam7's Avatar
    matcam7 Posts: 3, Reputation: 1
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    #4

    Feb 11, 2010, 11:10 AM
    He is 12 years old. My husband has school documentation of all his son history of being in and out of different schools due to her moving place to place. He has the records of the unexcused absences and at one time for a whole month. My husband had to go to truancy court because of this. He was upset at his son's mom and wanted to know why he was missing so much school and as well of receiving the correspondence when he does not live with him. He has the referral to the alterative school he was placed at and it stating why he was going there. One thing I forgot to mention is that my 11 year old daughter said that my stepson was bragging that he went to juvenile one weekend to one of her friends. We don't have proof of records that he did. I told my husband about this and of course he was upset, but he did not want to confront his son nor his mother about this. He said he is going to leave it to the courts. My husband has money to put towards a strong aggressive lawyer that was recommended to us through my brother who won his daughter for him. Can the lawyer find a way to see if he has indeed been in juvenile? My stepson mom sometimes will not answer my husband text to let her know that he will be picking him up for the weekend.
    My husband has written down in journal all the times she does not answer or denies him to see their child. He has even written down the times that his son does not want to go with him. He tells his ex how come you do not make him go with me and all the response he gets from her is, "He does not have to go with you if he does not want to." My husband has never physically or emotionally hurt him in any type of way. The only reason why he does not want to come with my husband is due to him being strict.
    My stepson has stolen from her family as well from my husband and me. My husband has confronted his mother about the stealing from us and it lead into a big argument and her cursing us out. What gets me upset is that she knew her son has stolen before from her own family, but will not second guess her son that he has stolen from us. Instead of taking control of the situation and talking with the father on how to come to agreement on how to discipline him she cusses us out. She told my husband, you are going to believe that lying B**** over your son!" Referring to me. I have no reason to ever accuse a child of stealing just cause. I am not that type of person. If I knew that my 11 yr old daughter has stolen before, then a family member or a friend comes up to me and told me that she stole something from them, I am not going to second guess them. Because I knew she has done it before.
    My husband has been faithfully been paying child support since he was eighteen years old and he is now 28 yrs old. He even has the records to prove he has and also has been over paying for some time now and we prove of that as well. It has never been about the money at all! He just afraid that his son is going into the wrong direction such at a young age. His mom has 4 other children and lives with her boyfriend who has a criminal record. We know this because she has told my husband about this before, but never for what. They all live in a 2 bedroom apt in not a good area. She has always moved in areas that were not that great because it is affordable. The schools are not good either. I feel that she is not being a good co parent letting my husband know about his educational and physical being. My husband feels that one day he is going to get into trouble that he will not be able to get himself out of. My husband told me that he wants to be the father figure in his life, but it is hard to be when she does not communicate with him. Please advice!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Feb 11, 2010, 11:52 AM
    Quote Originally Posted by matcam7 View Post
    He is 12 years old. My husband has school documentation of all his son history of being in and out of different schools due to her moving place to place. He has the records of the unexcused absences and at one time for a whole month. My husband had to go to truancy court because of this. He was upset at his son's mom and wanted to know why he was missing so much school and as well of receiving the correspondence when he does not live with him. He has the referral to the alterative school he was placed at and it stating why he was going there. One thing I forgot to mention is that my 11 year old daughter said that my stepson was bragging that he went to juvenile one weekend to one of her friends. We don't have proof of records that he did. I told my husband about this and of course he was upset, but he did not want to confront his son nor his mother about this. He said he is going to leave it to the courts. My husband has money to put towards a strong aggressive lawyer that was recommended to us through my brother who won his daughter for him. Can the lawyer find a way to see if he has indeed been in juvenile? My stepson mom sometimes will not answer my husband text to let her know that he will be picking him up for the weekend.
    My husband has written down in journal all the times she does not answer or denies him to see their child. He has even written down the times that his son does not want to go with him. He tells his ex how come you do not make him go with me and all the response he gets from her is, "He does not have to go with you if he does not want to." My husband has never physically or emotionally hurt him in any type of way. The only reason why he does not want to come with my husband is due to him being strict.
    My stepson has stolen from her family as well from my husband and me. My husband has confronted his mother about the stealing from us and it lead into a big argument and her cursing us out. What gets me upset is that she knew her son has stolen before from her own family, but will not second guess her son that he has stolen from us. Instead of taking control of the situation and talking with the father on how to come to agreement on how to discipline him she cusses us out. She told my husband, you are going to believe that lying B**** over your son!" Referring to me. I have no reason to ever accuse a child of stealing just cause. I am not that type of person. If I knew that my 11 yr old daughter has stolen before, then a family member or a friend comes up to me and told me that she stole something from them, I am not going to second guess them. Because I knew she has done it before.
    My husband has been faithfully been paying child support since he was eighteen years old and he is now 28 yrs old. He even has the records to prove he has and also has been over paying for some time now and we prove of that as well. It has never been about the money at all! He just afraid that his son is going into the wrong direction such at a young age. His mom has 4 other children and lives with her boyfriend who has a criminal record. We know this because she has told my husband about this before, but never for what. They all live in a 2 bedroom apt in not a good area. She has always moved in areas that were not that great because it is affordable. The schools are not good either. I feel that she is not being a good co parent letting my husband know about his educational and physical being. My husband feels that one day he is going to get into trouble that he will not be able to get himself out of. My husband told me that he wants to be the father figure in his life, but it is hard to be when she does not communicate with him. Please advice!
    You have my deepest sympathies for having to go through this. That poor boy has no moral compass living with his mother and he's at an extremely difficult age.

    Definitely hire an attorney and let him handle this for you; you've been doing the right thing by recording all the of the times she has withheld the child from you.

    The attorney should be able to find out if your stepson has been in trouble with the law, but your husband should also be able to get that information. I assume that he shares joint custody with the mother, which means he's entitled to that information.

    Another thing that might be helpful is contacting the police department in the city where the mother lives; you'd be surprised at what you can find. When my husband and I learned that his exwife's boyfriend was arrested for domestic violence, we called and asked for a copy of the report - we were shocked to get five separate reports back, all regarding them arguing and most of the time her boyfriend was drunk. The reports worked very well to prove our point in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 11, 2010, 12:54 PM

    Your husband can file for physcial custody of his son, using this as proof that the son needs better home life.

    But it is always had to say, the court may only make mother follow a parenting plan

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