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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28464
Experience:  Attorney with experience in family law.
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Yesterday my ex came to pick up my daughter (5) following my

Customer Question

Yesterday my ex came to pick up my daughter (5) following my time with her from 4-8pm. My ex has been very difficult to deal with on a daily level and even so she would interfere with giving me my daughters homework. So now I have asked the teacher to
provide me with her homework. Last night I worked with my daughter on her homework and then I gave her mother her homework when she was doing pick up. She put her homework on top of the car while putting my daughter in the car and then left it. I then grabbed
it and opened the car to give it to her. She then crumpled it up in front of my daughter and myself, my daughter screamed and then when I asked why she did that she said she didn't and called me a liar. My daughter said my daddy isn't a liar. I was so upset
by this and how it effects my daughter. Can anything be done?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If your daughter's mother is refusing to see that her homework gets done, destroying it so it doesn't get handed in, and otherwise interfering with your daughter's grades (and, honestly, her future, if this continues), that could actually be grounds for you to request a change in custody. Your daughter deserves to be with the parent who is going to give her a chance to succeed (or at least, not hinder her chances). Not only could not doing her homework lead to being held back (which is going to cause bigger problems), but seeing her mother throw tantrums and behave like a child isn't going to help with her development, either. So, you could actually file a Motion for Modification, asking that you have custody on school days to ensure that your daughter is getting something from her schooling. Your daughter can actually tell the judge what types of things she's seen, but if you could get documentation from a teacher about what's happening and your daughter's performance in school, that would help significantly.

Another option is to file a Motion asking the judge to order the mother to give you your daughter's homework, turn in the homework when she's with her, and otherwise assist in her education as needed. That way, if she keeps going the way she is, she's in contempt of court. The only issue is, it's tough to monitor, and you could wind up back in court several times. But it's an alternative for the judge if he doesn't want to change custody completely, and you're allowed to file one motion that makes different suggestions for how to address this problem.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
I just want to clarify things a bit. My ex wife is not not turning in my daughters homework she is just not turning in the homework I do with her and being destructive with it and very immature. She has tried to get in the way with me working with my child, however I have resolved that by going around her and going straight to the teacher for assistance.
Expert:  Lucy, Esq. replied 1 year ago.

I understand that, but not turning in the homework you do with your daughter is still going to lower her grades overall. And the behavior you've described is immature and irresponsible, which goes toward her overall fitness to raise a child. It also speaks toward her willingness to allow you to have a relationship with your daughter, which is another thing the judge has to look at when deciding a custody change. It just makes her look bad all the way around, and it's ridiculous because she doesn't actually gain anything from tearing up the homework and throwing it away.

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