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My ex has moved to a bad neighborhood. I'm unhappy with my son starting Kindergarden and living in that area?
11-09-2012, 07:59 PM
Post: #1
My ex has moved to a bad neighborhood. I'm unhappy with my son starting Kindergarden and living in that area?
I typically see my son every other week and I pay child support but I want to change things so my son doesn't spend his early childhood in the projects/low income housing community where the schools are very bad. What are the realistic options for a father to get physical custody for his son. Also, how does the state determine where the child goes to school? I'm trying to figure out what is a good starting point for having my son with me.
Location: Los Angeles, CA
Location: Los Angeles, CA

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11-09-2012, 08:07 PM
Post: #2
 
Sadly because she has primary custody it is up to her where the kid goes to school.

In order for the other parent to get custody of the child the primary parent must be found to be lacking in one or more of these areas:
1. Educational neglect: Meaning the child is failing their classes and the primary parent is NOT doing anything to help like teacher conferences, special tutors, even tutoringt he child themselves. They are ignoring the issues. Another educational neglect is not sending the child to school. The zoning of the school, or the amount of poor kids that go there is NOT going to be considered by a Judge.

2. Medical neglect: Meaning the child is frequently very ill due to neglect on the primary parents part. An example of this would be untreated breathing problems, ignoring child's allergies that could be deadly, or even not getting vaccinations in a timely manner that could get the child kicked out of the school, resulting in educational neglect

3. Lack of stability: This is the one most often used in court for a change of custody proceeding. Examples of lack of stability would be that the primary parent has moved 4 times in one year. The primary parent has multiple people living in her home, and then moving out and different people moving in resulting in an uneasy experience for the child not being able to know who lives at home. Changing phone numbers often so it is difficult to get a hold of her, or in general the mom being a screw up who parties all night and leaves the kid with random people.

The courts are VERY sensitive on not using the reasoning that you are describing above as grounds for a custody reversal. Just because you live in a better home and can buy him more does not make you the better parent to the Judge. They can not be seen as being unfair to the poor of the world, even if they bring it on themselves with poor planning, or purposefully living off of givernment aid and not working, the courts can NOT make that the reason for a change in custody. You MUST have a neglect case to change custody, the child must fall under the category of a deprived child in some basic need, only then will you have a shot.

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11-09-2012, 08:07 PM
Post: #3
 
Have you considered bird nest custody?
http://squidoo.com/BirdNestCustody

Your starting point will be whether you have any rights to see the child? Paying child support does not grant you any presumed rights. Have you received court ordered access rights. If you are willing to do the work, Dads House can teach you what to do.
http://dads-house.org/EducationalManual
http://divpat.org/PDF/ChildrenOfAmerica.pdf

http://Dads-House.org
http://dadshouseedctr.qhub.com/
http://www.YouTube.com/DadsHouseEdCtr

http://www.crckids.org/
For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors.
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