The custody agreement is based upon what was entered into the court. If there was no court ordered custody, then it is up to the parents and the custodial parent
usually gets the upper hand. If there is no custody order, then dad needs to go back to court and now obtain one, especially based upon the poor performance in school. As far as emancipation
, this requires the consent of both parents, not just one.
Dad can also go to court and seek a change of custody and get physical custody based upon what is in the best interests of the child and bad behavior and poor school performance is definately a reason the court will change custody if he seeks it.
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