“My Child Is Struggling In School. Can My Ex Change Custody?”

School struggles are common for children going through a family split. It is generally accepted that there may be a temporary drop in grades as things settle down.

However, there are times when custody has been set, and a child continues to fail to do well in school. In these cases, the court will often get involved to help. In most cases, this involves order the use of a tutor or other academic testing (often a screening for a learning disability will be ordered) or specific orders for visitation designed to make sure homework is done.

In more extreme cases, where there is a prolonged issue with school, the court may consider changing custody. This will generally be viewed as appropriate in cases where the child is getting extremely low grades, or has serious problems with attendance or turning in homework. A judge will be very concerned about lots of unexplained absences, tardies, or missed assignments. Truancy proceedings are also red flags.

The bottom line is that if your child is struggling, get help. Try to monitor homework, make sure attendance is good, attend parent-teacher meetings, get a tutor, or counseling if that is the issue—your child’s success in school is crucial, and ignoring issues will only make them worse in the long run.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

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