Answer

Thank you for your reply.

 

The fact that your child is having a little trouble in school isn't going to be enough in and of itself for a judge to grant a change of custody. Many children have difficulty with school, it doesn't mean you yourself are an unfit parent. Also, a judge isn't going to look kindly upon one parent speaking negatively about the other in front of the child, like your child's father is doing. Even if the judge allows your son to tell the court which parent he wishes to live with, it is not the deciding factor for the judge -as I said, ultimately, they will look to do what is best for the child based on the circumstances. Changing of custody is extremely difficult once it has been established without good cause, and here I don't think it exists. However, your ex is still entitled to file the motion and be heard. The court may not even want to hear from you son at all, but if he does, often times, the judge will ask questions of the child, so being told ahead of time what he has to say isn't likely to help-because no one knows what the judge is going to ask.

 

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