Family Law Questions? Ask a Family Lawyer Online.
Good evening. I certainly understand the situation and your concern. The Judge is always going to act in the best interest of the child. With that being said, if you can show/convince the Judge that your son will be better with you at this time, as a result of the issue with his schooling and that you can provide a better environment, you do have a good faith basis to motion the court to modify custody. You can ask that there be shared/joint custody, to allow this to happen, so there is nothing wrong with presenting this to the Judge for consideration.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!