Changing School District

Status
Not open for further replies.

klynnchris11

New Member
Hello. My question is in regards to changing schools of our son whom I share joint physical and legal custody of with his father. My son is in the 7th grade and for the last few years has performed horribly in his academics. Tutoring has not helped. He is on course to be held back this year and not be promoted to 8th grade. When my ex and I divorced in 2005 we both lived in the same school district. In 2007 I moved about 15miles away from his father, but have commuted to his school on those days that he is in my care. Since my ex still lives in the district my son rides the bus to his home after school where I will pick him up after work. My ex has "first point of contact" with my son every day after school and is extremely laxed on what should be expected for his academics. He doesn't have him do homework, nor disciplines for failing grades. There is no regimen at his house, nor is there any repercussions for my son's actions. I ask that my son bring home school work, and he "forgets". I have spoken to all of his teachers and he just refuses to do/or turn in his hw. I enrolled my son in counseling, because I believe that some of his behavior stems from unresolved "divorce issues, as well as the passing of his grandfather". My ex refused to let him continue as he felt that it was a ploy on my part to attack him somehow or use it as leverage. My ex refuses to let our son be tested for a learning disability even though both the counselor and his teachers have stated that he has classic symptoms of inattentive disorder. I want to move our son to my school district so that I may have a better opportunity to monitor his school work…as well as modify custody so that my son is returned to my home every night instead of the overnight with his father on Mon and Tues. Weekend rotation would remain the same. While in his father's care, he is not getting the guidance and structure he needs to in order to be successful at school. Nor is he being taught the importance of education. I have supporting documents from teachers as well as report cards showing my concern is valid. Will the courts look at the fact that my son is failing miserably and has been now for awhile and his father's unwillingness to put the best interest of our son first?
 
If your son is enrolled in an accredited school or in a school district in your state, you'd have a very hard time proving his lack of sufficient academic progress is related to the school in which he is enrolled.

You can try to make that argument, others have.

If that's all you got, expect to lose.

Your husband could argue that the boy's poor progress has more to do with your divorce than anything else.
That by the way, is one of several standard counters to defend against a lawsuit such as the one you're pondering.
 
Our order does not mention anything in regards to how these matters are to be settled. We have been divorced for 6 years now. My son's behavioral issues (trouble in school, physically assaulted me) as well as poor performance I do believe may be more than likely attributd to our divorce, hence me trying to get him counseling. I have attempted to do so on 3 different occassions, only to be thwarted by his father. My ex has threatened to sue the teachers my sons counselor, etc...anytime something is mentioned about our son needing help. A survey from my sons teachers revealled that my son scored in the 84% percentile for ADID-Attention Defecit Innatentive Disorder. But my ex refuses to allow him to be tested. Said if he has "problems" he will learn to live with them. (Told Counselor this). I by no means want my son to have to "pop pills" to be able to focus etc...but my ex will not even explore that as a possibility. How can we ever expect him to be successful if we are not giving him all the tools he may need to do so? The next step for him in school is to be tested to see if he needs to be in a special education classes. I know my son does not need to be in a special class. He is very bright, but has been given the message that school is not a priority, and that their are no reprucussions for not taking responsibility for his actions...Unfortunately, I have become the "bad guy", because I do believe in Accountability. His father is more interested in being his "best friend" than he is a role model and mentor.
 
Well, joint legal doesn't mean that if you don't agree, you do nothing. You ought to take this back to court and let a judge decide on the counseling, testing, etc. You also ought to see if you can change the order so that mediation is required when the two of you can't come to an agreement.
 
Take the child to a pediatric neuropsychologist for testing. A teacher's opinion is NOT diagnostic and wouldn't carry much, if any, weight at all.

If Dad wants to try and make an issue of it, let him.
 
Status
Not open for further replies.
Back
Top