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My husband has 2 kids with his x-wife,Bethany is 17 yrs old…

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My husband has 2 kids...
My husband has 2 kids with his x-wife,Bethany is 17 yrs old and Kody is 15 yrs old.When they were younger he worked 2 sometimes 3 jobs.One day he came in from work to find that the kids were kickd out of school due to attendance,come to find out she was on DRUGS and still is on DRUGS .Well they havent been in school since the 3rd and 4th grades.She claims to have been hm schooling them,and we know that is a lie b-cause neither one of the kids can read,write or spell very good,and they take up for her.The kids are more or less there own boss,do what they want when they want.What are my husbands rights?and can he go for custody?and if so is there any way of keeping them in school until their 21.Bethany already yells im 17 im 17.Very much uneducated,is there any way of saving these kids?Would we need proof of her drug habit?I read the laws on hm schooling,There really isnt any,they dont even require testing!!!Please, what can we do?And where do we start?How much will it cost? Mrs Malone
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/19/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Thank you for the post, your son can petition the court for primary custody of the children. From your description it is easy to show that the children are not being properly educated and the "home schooling" is not working.
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Customer reply replied 8 years ago
You did'nt tell me any thing I didnt already know.When we walk into that court room what documents are we going to need to prove she is not educating these kids.Since his kids havent been in school the 3rd and 4th grade, can he have it to where they stay in his custody until 21 yrs old so they just cant get up and quit school
Lawyer: MShore, Attorney replied 8 years ago
You would need an educational assessment from a professional, or the children's scores of competency tests. Your husband cannot maintaining custody beyond the children being adults (i.e. 18) or until they achieve the equivalent of a high school education provided that the children after turning 18 do not want to drop out.

Edited by DCrane on 6/19/2010 at 10:04 PM EST
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Customer reply replied 8 years ago
So at the age of 17, his daughter can drop out and nothing can be done about it?What if we prove shes not able to take care of herself.She is very air headed and with no education we worry about her!
Lawyer: MShore, Attorney replied 8 years ago
No, not at the age of 17. But at the age of 18 the child can decide whether to continue high school or drop out. The father would have to show that the child is mentally incompetent and therefore not capable of making of the decision of whether to drop out or not, despite her age.
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