Child custody

My husband is the primary custodian of my two daughters and i am the secondary one and i'm devastated, this decided last Friday Feb. 22. My daughters ages 11 and 7 years old. My 11 years old daughter decided that she wants to be home schooled and live overseas with her Dad and judge grant her wish and now he has them for 9 months and i only have them for 3 months. If i knew to be home schooled is an issue because that's what they are looking for is the best interest of my child, i can home school her and we can still go to the Philippines and take a vacation i would do everything ( i think 3 months vacation is a long time). If that's what she really wants. I just started putting them in public school this past December because they really want to go to school and now they decided they like to be home school because the children in public school are mean. I have not seen my children for 9 months (well more than that because the father keeps taking them away from me since we been separated in 2005) and they just got back to US in December of 2007. Now my point is can i still change the agreement of him being the primary one to be the secondary instead? Because i really want to keep the children here in the US. Since i am legally
resident in Virginia can i change the venues from NC to VA instead? I am dying because they are living next month March and i'm not going to see them until December. It's not right and it's not fair taking my two young beautiful children away from me.

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Submitted 174 days ago...

tomturkey

Brain (2,862)

Well the court is not going to allow the kids to go back and forth from public school to home schooling. You would need to also file in the state where the orignal order is though. You can file a motion to modifly the orignal order asking the you get phyical custody of the children. The court will always listen to how the kids feel inregards to the parent they want to live with. It is usally at the age of 13 or older. If you and your husband can agree on her staying with you then you can both get the forms on line under legsl forms and fill them out together and file them with the courts.

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