my son does not want to go to his Dad's He cries every weekend when he knows he is leaving. This has been going on for 4 years. His father does not have a job, and he lives at his fathers house and still cannot get my son to school on time. There is no support order in place and I pay for everything for my son, his medical, school, sports etc. I get him 4 days a week and his dad gets him 3 days a week. The court does not seem to care about anything except being with both parents 50/50. My son now has stomach problems and cries every single weekend the day before he leaves he starts crying. Do I have any case to get my son more? There are a ton of other issues, but not enough room to tell you them all.
Answer
The law favors equal parenting, so even if Dad is not so great at parenting, he still has rights. It is very difficult to shift more time to you, especially if you work and he does not. And he is a boy. How old is your boy? A custody battle will cost thousands in attorneys fees, several court dates, an expert in child psychology, and take about a year. You will have to allow Family Court Services to enter your lives, not good. They will evaluate the home situation at both your home and his home to see if there are serious enuf issues to warrant a change in custody time.
Answer
You need to find out what is causing your son's problems in visiting his father and you need to discuss those issues and the other issues with the other parent and try to resolve your son's problems. If that is not successful then you need to consult with an attorney regarding your concerns about the parenting issues and decide whether the is sufficient reason to file a motion to modify the parenting time. If change is needed either an agreement or a court order is the way to solve the problem.
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