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I plan on using this against my ex to get custody of my daughter. But what do I do in the meantime? I don't want her to fail kindergarten again. Do you think I could use this information to get temporary custody of her while we do through another custody battle? Her current school isn't helping a lot, I had asked them to email me of her progress in school and days missed, so far they won't return any of my emails.... THank you, I appreciate any help I recieve regarding this matter

2007-09-23 14:13:11 · 16 answers · asked by will 2 in Politics & Government Law & Ethics

her reasons for not taking her??? she's lazy! my daughter has asthma, but she only has maybe 2 attacks a month now. know no other reason why she would miss school and why I wasn't informed about it before. I had asked her teacher's to keep me informed onher progress, that obviously didn't happen

2007-09-23 14:26:37 · update #1

I'm kind of worried about if do get a temporary order, really don't want to take my daughterout of school again because so far in this month of school, she's already had 3 teachers. I don't want anymore confusion on her part. I don't really know of why wouldn't get custody of my daughter, we have a lot to use against my ex.... but you never know with the courts, if they'll award her custody still.... we don't have the money for a lawyer and her mom will pay for hers... dont want my daughter to be torn between the two of us and to have to suffer so much b/c of this all. I know I would be the better home, but I feel bad taking her from her mother

2007-09-23 14:47:56 · update #2

16 answers

Missing 50 days of school is totally unacceptable unless she has a doctor's verification that the child was too ill to attend. If that was the case, you should have been informed. I would contact your lawyer and get to the bottom of this. I am sure this information would be imperative if there is a custody battle going on. School may not be helping you because the child's mother has instructed them not to reveal any information to you. You need to find out about this, as well. Have your lawyer handle this information and bring it to the judge. If she is in the wrong, she will find out very quickly. Her actions could be jeopordizing her custody of your little girl and she needs to understand that. Children shouldn't be used as weapons against the non-custodial parent. It is unfair and makes so much stress in the life of a child who doesn't quite know how to handle it. She wants both of her parents and should not be put in this situation ever. I hope you have a good lawyer and a sensitive judge. Good luck to you.

2007-09-23 14:36:33 · answer #1 · answered by turkeybrooknj 7 · 1 0

Your truancy officer should be notified, in fact I find it difficult to believe the school didn't notify them.
Don't e-mail, send a registered letter requesting the information, emails just don't cut it for legal rights and proofs.
There are two possibilities here, one is that there were legitimate reasons for her absences, and two that there are no legal requirements for attendance at kindergarten.
If that's true where you live, you wife didn't do anything illegal.
For all concerned, try and call a truce where your daughters custody is concerned, you don't have to like your ex, but its hell on the kid when mom and dad are always at it.

2007-09-23 14:24:45 · answer #2 · answered by justa 7 · 0 0

First talk to child protective services or the police about the matter. Second obtain the attendance records and file a motion for custody. If the motion does not work then use the attendance records of evidence of neglect at the custody hearing.

2007-09-23 14:21:46 · answer #3 · answered by d_rock 3 · 3 0

Fail kindergarten AGAIN? Miss 50 days of 180 day school year? A kindergartner is not going to "miss" that much school, because she is too young to ditch. Someone is simply not taking her. I think I would call the police or child protective services about that one. Kindergarten may not be mandatory in your state--that would be a good defense--but the fact your ex has enrolled her and then keeps here out that much, it is a very bad sign. Does your ex have some kind of problems of her own that keeps her from taking routine care of her child?

2007-09-23 14:18:32 · answer #4 · answered by Anonymous · 2 1

I think that would be a valid argument in court. If she cannot get the child to school, and your child has already been held back...It is hard to get held back since the "No Child Left Behind" act. The school does not want to do it...so, there must be a issue. I will say to get a medical history on your daughter before going to court - Also, schedule a appointment with the principal and your daughters teacher. I would suggest recording it as you do not forget any needed information.

2007-09-23 14:19:21 · answer #5 · answered by CherryCheri 7 · 2 1

a coworker of mine went through this exact same situation. she went down to the school and told the school that she was in the process of trying to get custody of her daughter. She requested them to give her a copy of her progress report and a print out of all of the days she missed. she used the info she got to gain temporary custody of her daughter. she also talked to the school and they were willing to let her daughter pass the grade she was in as long as her grades were good, they said that that do to "uncontrollable circumstances" they would overlook the fact that she had missed over 50 days of school. She eventually got full custody of her daughter and everything is okay now.
I hope everything works out for you and your daughter

2007-09-23 14:22:33 · answer #6 · answered by cajungurl1981 1 · 1 0

Talk to the school and find out what the excuses for her missing that many days were. If you know your daughters doctor, call them and find out if the child has had any serious health issues to cause that much school missed - maybe daughter was having trouble with a bully in school?

2007-09-23 14:18:33 · answer #7 · answered by Anonymous · 3 0

File a complaint with Child Services or Family Services or Child Protection or whatever they call it in your state. Request immediate removal of the child and your assignment as a foster parent.

First, go to the school and request information on your child in person. Have proof she is your child.

2007-09-23 14:25:21 · answer #8 · answered by Anonymous · 0 0

50 days of school? You shouldn't have to beg for the report, the truant officer or child Protective services should already be on this. Even if it is Kindergarten, that's to many days. Just call CPS and have them look into it. Then take their report to court.

2007-09-23 14:19:05 · answer #9 · answered by Glinda W 6 · 3 1

See if you can file your motion ex parte, or ASAP, because school is important. Get a temporary order at least for now. Even if you don't get it, it may slap mom in the face to be more responsible or she will lose the kid.

2007-09-23 14:16:47 · answer #10 · answered by Flatpaw 7 · 2 1

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