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Can something be done if a parent is ordered to convey with the other parent before making a decision but doesn't?

Humble, TX |

My court order states that the custodial parent is to convey with the non custodial parent before a decision is made regarding anything about the child unless it is an emergency. Now, my son is in 1st grade and has been moved to 7 different schools within 3 or 4 school districts in the past 2 or 3 yrs and it is orderd that parties must speak about it before the change. If this is not done, can the custodial parent be held in contempt and shown as unstable for having moved him to so many different schools ( and addresses)?

Not to mention my son tells me when he is in a new school not the parent, and when I looked into the reasons as to why he is being moved, I would get one answer from the parent and a TOTALLY DIFFERENT story from the schools. Something is not right about this situation and it is affecting my son's behavioral and social skills. What can I do? I am the non custodial parent with joint managing conservetor rights. The custodial parent designates the primary residence but is showing instability to me. Please help! Thanks!

Attorney Answers 3

  1. Best answer

    You should consult with an experienced family law attorney. You may have grounds to seek a modification of the custody of the child. That much upheaval and change cannot be in the child's best interest. If the other parent isn't talking to you about it, there is something very wrong there. I think it would be easier to modify the order rather than holding the other parent in contempt.

    Either call me or another family law attorney ASAP.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

  2. There are of course many factors that a judge considers when deciding what is in a child's best interest; however, it sounds like there is a lot of chaos in this child's life. Judges like stability. Meet with a family lawyer, with your court order and your documentation of the changes; and discuss your options for enforcement or modification of the orders. Good luck.

    The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

  3. Please find an experienced seasoned family law attorney in your area that has handled cases like yours in the past. You have a difficult case but it can be won. Unfortunately, I've heard of cases like yours and the child truly suffers. You need an attorney that can assist you in building a very strong case before going before the judge. You need to be talking to the school teachers, registrars, school nurse, school principal, etc. and make sure that they are all on your side. A school teacher's testimony can be very powerful in court.

    Good luck! I know that this is difficult to watch. But timing is everything in a modification case like yours.

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