02/23/07 11:59 AM
Final Trial results in.....

The judge said that she was "this" close to losing her kids. That the kids are messed up and it's her fault. He said rather than sit on the information and make a decision 30-60 days from now, he was going to rule that the kids stay where they are for now. There just wasn't enough based on Ohio Revised codes to make the change.

He told her that my visitation times were not to be messed with and gave me 3 extra hours on my weekends. He also set 28 consecutive days in the summer. She can not make plans during that time. The kicker is he put her on notice. She has until the end of school this year to get the kids grades up. If they aren't he said he will give me custody and it will be swift.

He also set my 14 yr old straight and told her that visits are between her and I and I have final say, if I say she needs to come, then she needs to come.

He told it will not take much for me to convince him to let the kids come here if we end up back in court because of visitation interference, drugs or grades.

In the end it's not what I wanted but I do feel it's what's best for the kids. They did talk to the judge and were adament that they did not want to move. Now I don't think they could honestly say if they did want to for fear of mom's reaction, but it is what it is. I really doubt they will be able to get their grades up but we shall see. There's not much time to do it. The ball is in her court now, it up to her not to mess it up.

(Carpal \'Tunnel)
02/23/07 12:10 PM
Good and bad

Good, as the judge was definitely showing that improvement and cooperation is required or else....but bad that he couldn't just do it right away. BUT...out of curiosity...just how bad are their grades? What grades are the kids in and what does their current report card/progress report look like? The second trimester at my school ends next our kids start off fresh again...but if your kids have a long history of being delinquent in their homework or's going to be awfully tough to break that habit.

(Carpal \'Tunnel)
02/23/07 05:25 PM
Re: Final Trial results in.....

Sounds like the court is setting her up to lose custody. What county are you in? My husband's case was in Cuyahoga County. If you don't feel comfortable stating in public you can PM me.

My husband has custody of his younger son due to educational neglect. Yes, the courts decision for changing custody was for educational neglect. This was a severe case and a long history but not much court. Husband's oldest son was a drop-out at age 15 and the court felt that the younger child would follow in older brothers footsteps as the younger child was already missing a lot of school.

As for the interference, GET DOCUMENTION every time she is late or if she refuses. Also make a journal because she may try to interfer in other ways just not refusing. I can give you a few horror stories if you would like.

Ohio is a one-party State. You CAN record anything as long as one person knows. During the custody case, my husband had a recorder with him for every exchange and every phone call. If he didn't have the recorder handy and his ex called, he left it go to the answering machine and than called her back so he could get it recorded. While this was NOT put into evidence in court, the GAL did listen to it.

My husband was given Sole residential and sole legal custody with final decision making authority (except for one, the child has to attend a pulbic school of our residence unless the BM gives written approval for the child to go elsewhere). This was given because of the BM own actions.

02/24/07 07:43 PM
Re: Good and bad

Occasional B's, C's, D's and F's. My son has been reported by the school to be in danger of failing this year and already believes he will. My daughter's aren't much better. Sadly the judge said she may be a lost cause already.. hard to believe he could say such a thing in court... he wasn't just talking about grades either.

They both have 2 F's and on this past report card.

The problem is their mom refuses to contact the school. I doubt she will even tell the kids that they have to get their grades up because I heard her tell her family its over, they stay with me. That's all she cares far as she is concerned she won.

02/24/07 07:48 PM
Re: Final Trial results in.....

Tweeby, that's the same stuff I have been preaching to other NCP's I know. We've been at this for a long while. I actually use the calendar provided on this website to track custody, conversations, unusual incidents. I always use the recorder and there was plenty of recorded conversations brought up in court.

This case is in Greene County. The judge spoke with my kids and said that my son is extremely bright and intelligent. He needs science and social studies, he is bored in school and there is no way the school system he is in will provide him with what he needs. I really thought I was going to get him when I heard that. I'm being patient and having faith that God knows what he is doing better than I do.

(Carpal \'Tunnel)
02/24/07 08:02 PM
Re: Final Trial results in.....

Was there another court date set or did the Judge decide to wait for the end of school to review the children's school records?

With my husband's custody case, there was a couple of months waiting for the court to make sure that the decision would not be overturned in appeal. Otherwords, the court wanted to make sure all of the i's were dotted and all of the t's crossed so that the decision would not go into appeal on a technacality (sp???).

Let your ex feel safe in that custody will not be changed, she will just hang herself in court (figuratively not literally).

02/24/07 08:14 PM
Re: Final Trial results in.....

No court date set, he just said she has till the end of school. He said it will be so easy for me to get them that she might as well sign an agreed entry if their grades look like this again.

(Carpal \'Tunnel)
02/24/07 10:24 PM
Then it's good for you...

while the grades will be a horrible thing to haunt the kids....if the mother doesn't realize that she needs to deal with this and turn things around, she will lose the kids.

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