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So that I can provide you with the most accurate information, please tell me:1. What is your child's age?
twins - 11 years old
2. Why is your child missing school?
my ex-wife is taking them to London on a trip for a week over memorial day, neither asked or consulted me, just told me.
then this weekend she took them out of school on Friday and today for Greek Easter and again did not ask me, after I requested that she not to take them out of school again without asking me.
3. Does your child miss school with the consent of the other parent?
yes, see above
4. What does your parenting plan state regarding education?
during school year kids live with mother, and I have visitation rights for all holidays and vacation and multiple other weekends.
While she is free to make day to day decisions regarding the kids as they are living with her, we have shared legal custody and regarding decisions pertaining to the "welfare" of the children - which IMHO covers taking your children out of school all the time.
5. What else do you think it would be in court and for me to know to properly respond?
Well........ We used to have shared custody...then she told me that she had to move from Virginia to Philadelphia for work purposes, and could not stay. So I moved with my new wife and kid to Philly. then she told me that she was not moving...and it was too late for me to stay as I had already moved. We went to court and I represented myself (she went after me for "abandonment" among other things) and I won in a huge landslide where the judge told her to stop being so ridiculous and in her view she had deceived me into moving and the judge would seriously consider giving me custody (which I did not want at the time as they had just gotten into a new AP Program school). The judge awarded me very good visitation rights and we have shared legal custody. Since then she has flagrantly disregarded my parental rights and done whatever she wants - this being the latest example. I feel if I do not do something it is just going to get worse and she will soon stop me from even seeing them (she already stops them from talking to me on the phone - and refuses to give them cell phones).Thanks!
sorry - thought that I had replied to this.
I am happy with your answer, and the size of my tip will be determined by how you answer this:
What motion should I be filing in court in order to get a judgement to stop her from just taking the kids out of school whenever she wants?
I am considering petitioning the court for a change in custody. My ex tricked me into moving away from my children and the court recognized that last time - in fact the judge specifically told me to state for the transcript that the only reason that I was in favor of allowing my ex to have custody was that they had just gotten into AP school and that it would not be in their interests to move them at that time - but that I believed that the best interests of the children would be to live with me. I have been remarried for over 5 years and have a 3 year old son, whom the kids adore and he adores them and asks about them every single day. We tell him that his brother and sister are at school and of course all he wants to do is go to school with them.
my ex is a leading surgeon in the DC area. She plays on this heavily in the court room and this benefited her in the first trial, but not the second. Fact is, she has a full time nanny and is rarely at home to spend time with the children - not when they get up in the morning, nor when they get home for school. She also travels to conferences and on trips and leaves the children with the nanny, which I believe in itself is a violation of the agreement with the nanny program she uses, and may be illegal.
the problem is that she controls and threatens the children and they are petrified to say anything bad or to move here because of the consequences and reaction from their mother.
So the question is, given all of this, and the fact that my children will be 12 this month, are they old enough for a judge to take into consideration of where they want to live, or are they too young for that?
If not, I have a huge uphill battle on my hands, in another State, and I am not sure that I can deal with it right now.
I am happy to answer this in a new question if you want, and will tip you for this in any event,
Hi James,Virginia Statute states the factors that the court must consider in determining the best interests of the child for custody and visitation. The court is required to consider the preference of the child if the court determines the child to be "of reasonable intelligence, understanding, age and experience to express such a preference" . Typically by age 12 a child is able to clearly and maturely articulate her preferences and will be heard by a court.Here is a link to the statute where you can review the factors that the court must consider in determining custody:Virginia Statute § 20-124.3 The site rules do require that you open a new question page for each new question . I would be happy to answer any additional questions that you may have. You can direct your question to me by starting a new question page with: "For FiveStarLaw"Best regards,FiveStarLaw
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