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I think I pretty much get the picture of what is going on - as long as he doesn't have to pay for anything, including private school tuition, he doesn't care. If you tell him he has to pat tuition, he promptly removes them from private school.
1. Regarding School for your daughters - Since you stated above that your daughters have already attended this private school for the last 2 years, I would suggest that you get all their school records for those 2 years and any report cards, reports, and anything else their teachers may have prepared for them, get them together and have them ready for Court. It will be difficult to get anything meaningful from the public school they attend now because they will have attended too short a period of time.
2. List the girls' tuition in the left hand column and in the right hand column, list all the money you paid and where you got it - Part time job, , then unemployment compensation benefits, child support, financial assistance, list everything
3. Call the pediatrician and the Pediatric dentist who take care of your daughters and find out:
- - - How many visits they missed
- - - How many times the father failed to pay
- - - How many appointments the father canceled
- - - How many vaccinations, if any they missed
- - - Any prescriptions they gave your daughters -
- - - Prescriptions their father failed to fill for them
Go to the Family Court in the County which has jurisdiction over custody and child support issues of your daughters. I'm sure you already know, the California Family Court is one of the leaders in "Self-Help" in order to minimize a party's legal fees.
You should fill out the form for a Petition to Modify Custody so that you get back your daughters and at the same time file a Complaint for Child Support.
At the hearing of the Petition to Modify Custody, tell the Judge that the best interests and permanent welfare of your daughters can only be served by returning your daughters to you. Then, go through everything their father has done which shows he never had their best interests at heart - basically all the things you can think of and all the things listed above.
In the hearing on the Complaint for Child Support, tell the Master that you do not know how much money he is earning, but it is a lot and he is spending nothing on your daughters, whereas when you had them, you spent every dime you had, including your unemployment benefits to pay for your daughters' tuition for their education. But, even though their father can well afford to pay the tuition, he removed them from their school which they had attended for the least 2 years, for the sole reason that he did not want to pay their tuition to private school .
Ask the Master for child support in an amount greater than you were receiving before and also ask that he pay their tuition to private school which they had attended for the last 2 years, which they had become accustomed to, and where all their friends are.
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ANDREA, JD, LLM
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