Evidentiary hearing

[B1rdman]

I filed a motion to modify custody and asked for sole custody of my youngest son. The referee set a date for an evidentiary hearing. In January she gave me our youngest son because he was failing in school. Now my youngest child is failing and she pulled him out of school for the last 3 months and didn't want to enroll him because she said he already failed and had to repeat the grade again anyway. A truancy officer sent her a letter saying she was in violation for not having him enrolled, so she decided to put him in home school. He has missed much of school witch has affected his grades plus his mother has stated she can not make him do his work. I have report cards, emails from teachers about missing assignments, and attendance records. I have subpenaed the principal of the school as a witness. There mother just admitted to my mother that she has smoked marijuana with both the boys. He is 14 years old and has no consequences for his actions at his mothers house so he don't want to live with me. any time he gets mad because he don't get his way or has a punishment he don't want to come over for a while and his mother don't enforce it, that is how she has been with them for all these years, so that is how he acts also. I have been doing my homework, even the attorney I saw for a consult said I knew what I was doing, but the presentation of evidence is a bit confusing. Any advice, info or pointers would be greatly appreciated

 

[Proserpina]

Two things.

First, is there more than one minor child involved? In other words, are there minor siblings that you're NOT filing about?

Second, he's 14 - his voice will likely carry at least some weight in court.

Please clarify.

 

[B1rdman]

There is two minor children, the one I got custody of in January(his custody is not in contest in this case) and the one that I am going to court for custody of right now. Their mother has filled his head with allot of negative things about me and every thing he says comes right from her. He comes to my house until he gets punished for something or mad because he don't get to do something he wants to do, then he don't want to come over for a while. That is how he was raised, their mother has done the same thing their whole lives, she would bring them around then get mad about something so I was not allowed to see them until she got over it or needed something. I just need a way to prove his feelings are hers