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UPDATE to custody battle

Charly's picture

My EXH responded to the petition to modify last week. He is representing himself which is good since I am too. He responded saying he contested the petition (no surprise) and he wishes to move the boys back to his school district, and keep our current visitation schedule the same with me doing 100% of the driving.....

So I scheduled the hearing date with the judge. The court date is a couple of months away and I have started to prepare my case. I called one of son's teachers from last year (my school district) and asked her to prepare a letter explaining his academic condition when he started the school year, the challenges he faced and overcame, and how he ended the school year. A little back story on him... he struggled a lot the previous year (exh school district) he had a horrible year and almost didn't advance to the next grade. He made huge improvements this year due to the hard work of him, his teachers and the staff at the school, and ofcourse our hard work with him at home. She sent me the letter and it is AMAZING. (PM me if you want to read it, I would love to get some opinions) I think a judge will have a hard time arguing with this letter.

In the mean time, the boys came back home for the week. EXH told them they are going to his school district, and that he has the right to determine where they will attend school. (Not true, decree says by JOINT AGREEMENT) Also, there is a standing order saying that no changes will be made until the judge makes a decision. So, I asked what would happen if exh enrolled them in his school district... he would be in contempt of a court order.... I think that exh believes that the standing order applies to the original decree and not the current agreement. I confirmed that it applies to what their situation is currently.

So now I wait. If the judge orders us to modification, that will be fine with me because the boys will be back in school and I think exh will have a hard time convincing anyone to withdraw them from a school they are doing well in and move them to his district.

Comments

SanAntonioSoccerMom's picture

99.9% of the time letters written to the judge/court are considered hearsay and not admissible. You should contact the court clerk for direction regarding that.

Your ex has the right to cross examine any of your witnesses.

Charly's picture

The letter states the facts of where he was academically beginning the year, which shows that he was very far behind due to the challenges he faced the previous year. I understand that my ex has a right to cross examine.... he has nothing to show that it was a negative change. Their grades improved, they did very well. If he did chose to cross examine, he would look like an idiot.

SanAntonioSoccerMom's picture

Again check with the clerk. It is still a letter, the content does not matter.

Progress reports/report cards/conference reports may fare better than the letter.