What is the next move ???
SS10 has been with us since Wednesday. BM told DH that he had remote learning from 12/1 -12/14 and that he would have to stay with us during that time becasue her BF had sold their house and they had to be out on 11/30. Knowing that SS had remote learning she didn't bother to pack his school laptop. Called on 11/29 to tell DH that she wasn't sure where they were moving to, She is on probation so technically can't leave her county, she also stated that she was thinkiing of taking SS out of the school he was in so that we could enroll him into a school by us.
Technically the custody agreement states that she has prinary custody during school year.
DH called SS school this morning to see if she had removed him from the school and she had.
Now we have a 10 year old in 5th grade that is not enrolled in ANY school and does nothing but play video games all day. Getting any information from BM is hard becasue most of the time she is whacked out and doesn't make any sense.
Now we have to find out if DH has the right to enroll his son is school becasue BM is doing her own thing. We don't want to enroll him and and have her show up withe the intention of moving him AGAIN. I am hoping that she screws up and gets arrested.
The whole basis of her getting primary custody during the school year was becasue the judge didn't think it was in this boys best interest to take him out of the school he was in becasue he had friends, Now he is schoolless, and technically homeless becasue they will be living out of a car until they find a place and since they have no money or actual jobs they are pretty limited to what they can afford, picture trailer park white trash. She got custody under false pretenses becasue she knew when they were at court the house was for sale.
Why can't she just do the right thing and leave him where he has a balanced/normal life instead of being affraid of looking bad. She already looks bad and needs to start thinking about this little boy for once.
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Comments
Homeless students have a
Homeless students have a right to either remain in their school of origin or to attend school where they are temporarily residing by law. Moving was not a reason to unenroll SS if they are going to be homeless.
If BM would tell the school that they are homeless, he could be enrolled at either district legally (federal law) while residing with dad (since BM has school year custody).
Applying for emergency custody is an option. Unenrolling your child from schools, with no future schools plans, is usually not looked on favorably by the court.
WAITING
We are waiting a call back from the lawyer as to what our next move is legally. We don't want to enroll him in school in our county and have her show up in a week or two announcing that she is settled and taking him to yet another school. This is the 3rd time in 2 years she has moved and uprooted him. Her and her BF will go on a binge with whatever money they get from the sale of the house and have to find a place with whatever is left over. They are both bipolar and addics. Not a good situation for a child to be in.
I would get something from
I would get something from his school saying his mother disenrolled him and immediately enroll him in your district. Then I would file for emergency.
You can't have a child not enrolled in school. There are laws against that!!!
Sounds like BM's getting
Sounds like BM's getting ready to flee.
Enroll him in your district and then take it to court for primary custody based on her instability. Either that, or one of you has to home school him in the meanwhile (but look up your state laws, they are all different).
WHAT IS GOING ON ?
So now BM tells DH that she is going to re-enroll SS back into the school that she has already taken him out of becasue the sale of the house fell through. I don't believe that the sale fell through becasue the other day she told her aunt that they were selling as many of the personal items as possible becasue they didn't know where they were going. She is a compulsive liar amoung other things and forgets what she tells people. I hope the school doesn't allow her to re-enroll him. I am baffled at how a legal system could think that becasue a child says that he wants to stay with BM becasue he will miss his animals (not his mom) it's a good idea to give her custody.
He has been in trouble constantly living with her. He doesn't do home work, he has already had 4 unexcused absent days (8 now that he wasn't online 4 days this week as required) he has been shoplifting becasue when he gets home from school he is hungry and there is nothing available for him to eat. It's a sad situation that we cannot do anything about.
He needs to speak up and say he wants to live with us but becasue we have rules in our home like most familes do I don't think he will, Living with mom is easier even if he is hungry.
The fact that DH declined the drug test at mediation has come back to bite him in the ass becasue if he had it would have ben a different result