Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
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is factor "H", the eighth factor out of the twelve that the judge is obligated to examine. There are 3 records being looked at here: the home record, the school record, and the community record of the child. The principal question is really "What does the judge DO with this information?"
The judge has the presumption, the pre-conceived notion, that a child who is doing well might just as well stay where the child is presently, and, conversely, a child who is not doing well might just as well be moved to the other parent, in hopes of improvement at the new place.
The judge is going to be COMPARING the parents, and looking at the RESULTS, in this factor. If the results are good, the judge is happy. If the results are not good, the judge is not happy.
This factor is least important during the divorce itself: in a situation where two parents are splitting up, it's assumed that both parents have contributed to the child's present abilities, and record, just about equally. (You can challenge this assumption, but you need to know that the assumption exists: "Well, judge, I switched to first shift, from second shift, because she wasn't doing well in school, and I wanted to be home in the afternoons. It was obvious that her FATHER wasn't seeing that the schoolwork was done. Since I switched to first shift, and she started taking school seriously, her grades have gone up dramatically, as you can see from the report card." [...and that one's outta here, Paul, it's a home run for Mom, and it could mean the whole ball game...].
The factor takes on a huge importance in post-judgment proceedings: years after the divorce, when the child has been living with one parent, the other parent may file for a change of custody. The judge will say "How has the child been doing?" If the record(s) reflect that the child has been doing great, change of custody is less likely. If the record(s) reflect that the child has been doing poorly, change of custody is more likely.
This factor has an even greater importance just AFTER a change has been made. That's right, just AFTER. In many cases, the judge has a tough decision to make. It's a tough call. The judge may very well say to himself "Well, the kid is only doing so-so with this parent, I think I'll give the other parent a try." Custody is changed. If the parent who lost that case files again, ONE YEAR LATER, and can show something like this:
1. School grades are down, way down; and absenteeism is up, way up.
2. The little angel has now been picked up for shoplifting, or some such thing, maybe drinking or drugs....
Then in that situation, the judge is going to either grant an immediate hearing, or simply change custody back to the first parent (on a "temporary" basis, of course: the judge is aware that he has to hold a hearing first, before changing custody permanently, and consider all the factors we've been discussing). The brand new custodial parent (who won last year) is now going to be the NON-CUSTODIAL parent, because the child is going back. Right now.
You should be aware, by now, that the judge wants your child to be a success. The judge is going to place that child, if he can, with the parent who is more likely to assist with that goal, with making the child a success. That success can be measured, rather than just talked about, can't it? (It's an "objective" rather than "subjective" standard.)
This is not effective: "Well, she was a lot happier when she lived with me. Now that she's living at her dad's, she calls me, and tells me what a bastard he is...."
This is effective: "Well, judge, that's true, I did stop the basketball thing, for two months. She skipped class, and the teacher called me, and it turned out that there were some missing homework assignments as well. So I said 'That's it. If you don't have time to get your schoolwork done, then you don't have time for the basketball team. When the grades are back to B's or better, you're back on the team. Until then, you're not.' I knew she was unhappy about it, but she had to learn that basketball is an extra, a privilege, but her education is a necessity, it isn't negotiable. She pouted for awhile, but then she settled in, and worked those grades back up, and she was back on the team two months later. I think she learned from it."
The home, school, and community record of the child. It's important.
Good luck with it.