Grades and custody, please help!


#1

is it possible to use my childrens grades, i have 3, and 2 of them are failing everything, as well as not being cared for. their dad has primary custody, and when i get them theyre dirty, hungry, and havent done their school work like they should. they tell me their dad yells, ignores them, wont help them, doesnt always feed them, makes them stay in their room for a long time cause hes got nother girl at the house and he spends time with her not them, and a lot oftimes someone they dont know will stay the night. my girls are very unhappy and want to be with me, and need to know what i can do about it. im currently having a house built in chatham county nc, my girls live in granville county and attend elementary school there. im currently living in durham and have my kids every weekend while their dad goes out to parties, clubs, barhoppong etc…he claims he cant afford school supplies or clothes for them but can go out every weekend. we had a mediation agreement thats since expired, annd im wanting to file for custody once the new house is complete. can i do that? can i use an of the stuff i mentioned to help me get my kids? what process would i need to go thru? please help! only reason my ex has kids, he filed false claims saying id abandoned them because as he told me hed make me lose my kids forever before hed ever pay any c/s…i dont care about the money, just my kids! please help!


#2

If you have a court case that is pending, and a temporary agreement, you may be able to simply set the matter for a permanent hearing on the court calendar. The method for doing this depends on the county, but it usualy involves a calendar request and a notice of hearing. If you can’t set a permanent hearing, you can try to file a motion to modify custody. I believe that the father’s attitude, change in grades, etc., would be the change of circumstances you would use to argue why the custody schedule should be changed.


#3

thank you, i will keep that in mind. as it is, i have my girls from thurs after school then take them in mon morning. i talked to their guidance counselor and asked she talk to them because i think it would help. another concern i have is their dad recently met and has another woman living with him, she has a record im not okch with, esp around my kids, she has a b&e charge, 2 wanton injury to property charges both in excess of $200 dollars, and 2 parole violations. it really worries me, is there any way i can use her being around my kids to help file or request my ex only see her when my kids are not there? thanks!


#4

just thought of 2 more things…the lawyer i currently have tells me that what all ive mentioned above is not signifigant to give me or let me file for primary custody. however other people have told me it is, and ive been advised by a lawyer whos a family friend to get a new lawyer thats willing to help me fight.

other thing is, my ex is on food stamps, he claims himself, his sister, and all 3 girls, he gets around $700 a month because on dss record he is listed as unemployed. my ex has a job working as an electrician making $17 an hour, but he gets paid in either cash or personal check. is there any reprecussions to him doing that? could that help me in getting my girls also? thanks!


#5

Your attorney knows more about your situation than I do. I am only making general recommendations about how to proceed based ont he facts given. How to proceed varies based on the case, and if you are not happy with your attorney’s legal representation, you should consider getting a second opinion.

Yes, there are repercussions to welfare fraud. If you could make an argument as to how this behavior negatively impacts your child, then it could help.