I'm looking for advice and thoughts on what my ex-wife is asking of me.
My daughter (14) recently expressed a desire to move from the small town where my ex-wife is from in New Mexico (where she was born and has lived until now) to where I grew up in Pennsylvania.
I recently drafted a Pro Se Motion to modify the visitation schedule to allow for this and to modify my daughter's residence and document the date of the move.
My ex-wife said she will sign the documents provided that my daughter can assure her that she will maintain at least a 2.5 GPA. Originally she wanted to have it be a 3.5 GPA and she wanted it to be expected each 9 weeks. I got her to agree to a 2.5 GPA average over the first 2 nine weeks prior to Christmas break. And after the 2nd Semester after school is out. Otherwise, she wants it stipulated that she would be expected to return to New Mexico.
After discussing this with her I am ok with the terms we agreed on.
I am curious what all of your thoughts are though? (my first question)
Also, I have no idea how to draft that stipulation. How should I write it in the Motion?
(that's my second question).
I'm thinking something like:
The terms of this order to modify the previous decree are dependant on the criteria that the minor child maintain a grade point average (GPA) of at least 2.5 after completing her first semester of school in the school district that she will be attending in Pennsylvania. Should her GPA fall below 2.5 it would nullify the proposed Order to modify and ... (I don't know)...
the minor child would have to return to New Mexico and the terms of residency and visitation provided in the original Stipulated Decree would be.... (I don't know how to word it...)... re-enforced?
What do you all think?
[+]AEHIILRS1 points [recovered] (2 children) | Copy Link
Has the mom been the one to insist on including this GPA business in the modification order, or is this your idea to keep an official explicit record of the agreement?
Because this sort of condition is possibly unenforceable due to arbitrariness (the daughter's grades do not neccesarily indicate whether someone is a good or bad parent) and being outside of the parents' control. So you could put it in the modification order, but it won't mean anything if she decides to go teenage-boy-crazy and deprioritize her coursework. CPS doesn't come kidnap your kids because they have bad grades.
If the mom is cool with just having 'an understanding' and leaving this part out of the court documents, you might wanna go that route. And then figure out if it would be best for your daughter to move back to NM if her GPA does fall.
[–]tommy079[S] 0 points1 point2 points (1 child) | Copy Link
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[+]AEHIILRS1 points [recovered] (2 children) | Copy Link
Pennsylvania has no minimum age and judges are strongly encouraged to consider the child's preference, though "best interest" is still the driving factor.
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[+]AEHIILRS1 points [recovered] (1 child) | Copy Link
/r/legaladvice might also be helpful.
[–]tommy079[S] 0 points1 point2 points (0 children) | Copy Link