Single Mom wondering about School with shared custody
Hi, I was wondering if anyone had any advice about my situation about divorce. My ex husband left my son and I when he was 9 months old. We went back home to Michigan and after two months returned to pick up some belongings. When I landed at the airport my ex served me with divorce papers (we were going through the process) but had not served anything prior to this. He did this because he found out if I have the baby in Michigan then he has to pay me child support which I didn’t even want nor ask for. Serving me in CA meant that my son can’t leave the state so therefore neither can I. He asked the judge for 50/50 custody and it was granted. He does not take care of my son during his time. He gives him to his parents who live an hour away from him and his parent teach my son to call them mom and dad. We earn about the same income so with 50/50 there is no child support. Anyway I am here now and I don’t have any family here and am just here to see my baby 50% of the time which really breaks my heart. My question though is about when school comes. I do not live near my ex. What happens to custody when he goes to preschool? Can he be taken away from me during the week? Does anyone know how this works? How do you know what school the child goes to assuming this will be a decision the judge makes?
Parent Replies
I have no useful advice to offer ... just wanted to voice my sympathy. That is such a difficult situation and you're so strong and such a good mother to be here for your baby.
I advise that you consult a family law attorney right away. I think you can challenge this farce that he has set up. It is clear by his actions that all he cares about is not paying child support. I question the jurisdiction of the California court. It sounds like you and your son moved to Michigan with the intent to stay there and only came to California for a visit. The proper jurisdiction is the state where the child resides, that should have been Michigan. His practice of not even caring for your son, shuttling him around and telling him to call his parents mom and dad is causing your son psychological harm. You can get an expert to testify about what this is doing to your son. Just because he has 50% custody does not mean that he can do things that are not in the best interests of the child - that is the standard under the law.