Emergency Motion for Custody Hearing

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sonatina

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Mother of my son [10] moved from Ohio to KY this week. We were never married nor did I have visitation thru the courts. She gave me a 2 week notice about the move. This was the last straw as he is really struggling academically [failed grade 2, failed all his classes in 4th but was passed] in addition to 19 absences [10 unexcused] along with 29 tardies this past school year. He also has some serious emotional issues that the mother has neglected for over two years that the schools finally was able to do something about after threatening her with Children Services.

I've always been there to bail her out financially [on top of court ordered child support], health care and his schooling. I've seen him bi-monthly for the last 10 years. I have two younger sons [4/6] with my current relationship. They live with me. The mom has issues herself, she's on S.S.I and never held a real job [she's 34] and admitted she's unable to help him with his school work. In his 10 years they have moved 12 times, he's been in 4 schools in his 5 school years and mom has married twice, divorced twice and plans to marry her new BF in Kentucky. My current relationship has outlasted her two marriages. He sleeps on a couch down there whereas he has his own room, bed, desk, computer, tv @ our home.

My motion for the emergency custody:

1>. To avoid having to possibily pull him from another school should I be granted custody [I originally had a custody hearing set for October]. In his 5 academic campaigns he has been in 4 different schools. To help him turn around his "failing status". The mom is on S.S.I and admitted she is unable to help him with his homework.

2>. I have a psychiatric action plan in place with a psychologist in Cols. The mother has clearly not addressed his needs in this area after she was strongly advised our son be tested with a neuropyschologist in 2004 [I only found out about this in May, 2007] and she only followed through in March of this year, and only after the principal threathened to contact Children Services if she didn't. I have a meeting with his doctor this Friday to discuss his progress on his assessment of the school's psychologist screening so we can put together a academic action plan for this Fall.

3>. If she moves out of state I will be severely compromised to be responsive to his needs [financial, medical, academic, etc...]

4>. My son needs stability, instead of being moved 12 times in his 10 years or going through two marriages that ended in divorce and a pending third marriage to her new KY BF. My life OTOH is stable.

I'll have several "parenting plans" at the ready depending on how the custody proceding go on Tuesday.

Am I missing anything? Thanks in advance.
 
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