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Originally Posted by GPFan
Court would appear the best option versus allowing Mom to dictate your every move and/or throw a hissy fit about whatever she pleases.
The parents will be strongly encouraged to pursue mediation first, if that doesn't work then might ask his Attorney to request a Guardian Ad Litem (GAL) to represent the child's interests separate from Dad. GAL recommendations usually weigh heavily in the Judge's final decision. This may work out in your favour if his Son is not happy with the current visitation arrangement.
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My fiance and his son do not want the visitation agreement to change. Right now his son's mother gets to see his son every other weekend. She lives two hours away (her choice and she didn't even talk to my fiance about moving) so my fiance is afraid if he takes her back to court for a relocation hearing, the judge may modify the visitation arrangement so that the mother has their son the entire summer or something. She wanted to have him for the whole summer this year and my fiance said no. He asked his son if he wanted to spend the summer with his mom and he cried his eyes out. Also since we are getting married we both felt it was better for his son to spend the summer with us (as he normally does) to prepare for the changes that are coming.
My fiance's ex's live in boyfriend (they've been together about 7 years on and off and have a daughter together) called my fiance this weekend. He'd heard that my fiance asked his ex (son's mother) about moving 20 minutes away- but to another state and the live in boyfriend told my fiance to just move without her permission because the mother was talking to her ex husband (guy she left my fiance for and claimed was the father of their son) and the live in boyfriend said that he felt she was getting ready to leave him and he found out from his 5 yr old daughter that she (my fiance's son's mom) kept having guys over while her live in boyfriend was at work and that she would make the kids lock themselves in their bedroom while these guys were there. He also told my fiance that if she leaves she will more than likely leave their daughter with him. (same as she did to my fiance).
But the point of this is if she leaves her live in boyfriend she will probably move back to the area we live in now (well in another state but only a 20 minute drive or so) and she will probably leave her daughter with her live in boyfriend to raise. So if she does these things my fiance will not have to worry about the court giving her MORE visitation if she has shown to abandon her other child as well.
He does not receive child support from her right now- he dropped it because she never paid anything anyway and the court would do nothing to make her. He is going to use that as leverage to getting her permission to let him move. He is going to tell her if she doesn't let him move than it will cost him more to drive to work and he will also have to put his son in daycare so he will be filing for child support (and since her daughter is now school age she will HAVE To work). He has tried reasoning with her but she is stuck on the fact that he would not let her have their son for the whole summer. Their son didn't want to spend the summer with his mom and my fiance isnt' going to make him do something he is uncomfortable with. Also to show how much his mother "cares" about him, his birthday was a few weeks ago and she did not even remember it. She was invited to his party and as usual (every year she does this) she did not show up, did not call or anything. The only year she wanted to do anythign for his birthday was last year and she knew we had planned a trip starting on a monday and she had him that friday and saturday and part of sunday. She told him she was going to take him to Chuckie Cheese for his birthday but not until MOnday. Told him he'd have to tell his dad he wanted to be with her on monday (instead of taking the trip with us) and so he wanted to go to Chuckie Cheese and asked his dad and his dad said no because his mom should have taken him that weekend she had him instead of waiting. Well his son got upset with his dad and I because he wanted to go to Chuckie Cheese. Sort of put a damper on the trip we took. The thing is she never planned to take him to Chuckie Cheese, she was just maninpulating him into getting upset with his dad. So this is what my fiance has to deal with all the time.
Also her live in boyfriend told my fiance that he has witnessed her telling their son that her ex husband is his real father and not my fiance (not true and proven by a DNA test when he was 2). We already knew about this though because a few months ago his son came home and said "did you know you are not my real dad? Mom told me John is my real dad and that you never wanted me" and then he started bawling. My fiance has raised his son since he was a year old (first time he was told he was HIS son as the mother told him it was her husband's (long story but she broke up with my fiance when she found out she was pregnant but was cheating on him with antoher guy who she married right away) But one day she dropped the baby off at my fiance's house and never picked him up. My fiance has basically raised him alone ever since and she has the nerve to tell their son that his dad isn't his real dad and never wanted him.
We will probably take her to court but hopefully that is the right decision.