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Can I ask for custody if my Ex has made kids late for school 30 times

   Can I petition the court for custody of my girls if my ex-wife is taking them to school late. Over 30 times.

My ex-wife has custody of the kids ages 5 & 7, she has to appear in truancy court because the girls have been tardy to school over 30 times. They have been asked to leave one school because of their tardiness. Their home life is somewhat unstable.

Robert's Answer

  • on May 7, 2013

In order to modify conservatorship (custody) you must prove, among other things that circumstances have changed since the Order was entered and the modification is in the children's best interest. Whether 30 tardies will show that mom isn't acting in the children's best is up to the judge, but my argument would be "one or two tardies because of traffic. Another couple of tardies because someone overslept. Lost homework? Sure. Child felt sick. Sounds reasonable. 

But at some point it is hard to sell that 30 tardies were reasonable under any circumstances. Remember though, that making Mom bad does not automatically make you good. Make sure your lifestyle can stand up to scrutiny.

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