OP here - how do you know this? I also don't see how this will only be 2-4 hours of attorney billing time. Last time we had to go to court over a dispute, it was at least 15 hours. |
Absolutely let him do the bolded. It will empower him in a situation where he's been powerless for however long this custody schedule has been bothering him. It won't be traumatizing at all. And the "pleading the case to the judge" will probably be done on paper, via pleadings submitted to court that attorneys draft after talking with their clients. At most, your son can talk to your attorney. |
It dictates that I am the one that delivers the child. DS doesn't have access to his own car at his dad's, so he is de facto required to spend the full weekend at his dad's house. He mostly plays xbox and talks to his friends online when he's there, from what I understand. |
I know the judge will rule in his favor because I've done matrimonial and family law for over 20 years and courts listen to 17 yr olds about their wishes regarding visitation. |
OP, you’re too focused on the money. Contact your lawyer, do some deep dives on Google. Your son has opinions, preferences and needs. Trying to come to a solution for the next year is worth a few hours if legal advisement. |
OP here: ok, but what if a 17 year old said they NEVER wanted to see the other parent? A court wouldn't grant that, no? Kids still have to spend time with both parents, unless parental rights are terminated. That's how it's always been explained to me. It's fair to say a judge would require DS to be there at least one weekend a month, right? And I support that. Both because I want DS to have a relationship with his dad, but also, selfishly, as a single parent I do appreciate my occasional kid-free time. |
Is there any ability for your son to petition the court himself? |
No judgment OP, but this is the problem: you and your ex are on the same side against your kid. You’ve been pitching this as a difference between the kid and ex, but really it’s a convo between you and your kid about how you need some alone weekends too and if he stays home how can you still get that time. Once you and your son are on the same page I bet the ex piece will be easier to figure out. |
OP here: This is why I have proposed (to both my ex and my DS) that my DS continue to spend one weekend a month with his dad. I'm fine if it drops from two weekends to one. But my ex is still insisting on both weekends. |
Tell your son to yell and scream at his father for 48 hours nonstop.
That's what my kids did when they had enough of their dad's BS. |
Right. But what does your kid say? Is he okay with one weekend? |
DS says he doesn't want to "have" to ever go up there on any sort of fixed schedule, but that one weekend would be better than two. |
Can you come up with another compromise vs. stopping visits all together? Dad gets all holidays, long weekends and a dinner a week? |
Two weekends is basically 4 days a month. Look at it from his perspective. He gets to visit (not be a dad) with his son, 4 days a month. How would you feel if you got 4 days a month and it was being reduced to two days a month? |
He won’t but mom can be. A friend went through this with her 16 year old DD. Very similar situation with the visitation order and distance, but there were also 4 much younger half-siblings at Dad’s house. Very chaotic environment. She didn’t want to go and mom could not physically force her into a car. However, the court held mom responsible. |