You'd have to ask a court to award you custody of the child if you want to dictate his schooling. You can't "force" his mother to do anything. (Even if you ultimately lose a custody claim, you can still bring this issue to the attention of the court, and the judge will admonish the mother to be sure the child goes to school. If she continues to refuse to do so, then that could be a basis for modifying custody again.)
I urge you to consult with an attorney in private for assistance in this matter. Nothing is ever guaranteed in life, but your chances of winning a custody case are much higher if you're represented.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
You just need to file for custody, as you have done, and include in your presentation to the court your son's school attendance records which you should be able to get from the school. It might also help to have someone from the school testify as to your son's school performance. If possible find friends and family members that will testify to mom's drug usage. The court doesn't care about the State's truancy law, they just care about your son being placed with a responsible parent that will parent well and see that getting to school regularly is part of that parenting plan. So if you prove that you will be the more responsible parent I don't think you will have a problem getting custody and possibly limiting mom's contact for visitation due to her drug problem. It is best to see an attorney and discuss all the factors in your case and how to present the evidence and witnesses that will help you demonstrate the situation. Definitely consult with an attorney even if you can't afford to hire them to handle the entire case.
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