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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I share 50/50 custody of my child with my ex. She was not

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I share 50/50 custody of my child with my ex. She was not taking him to his sports activities out of anger for me.


 


I filed a motion to modify our divorce decree so each parent had a say in activities and that we would honor each others choice. Eventually a GAL was assigned to the case and at the hearing he recommended that in addition to co-parenting counseling that the parents try and agree and if not the parents/child visit our son's counselor where his preferences will be strongly considered and if after that we can still not agree then we simply alernate seasons in who gets to pick (so each season a different parent has the final decision).


 


The judge was very sympathetic to the evidence I showed of her displaying anger/resentment towards me, and making threats to not take him, and also not taking him.


 


But in the end he did not even consider my testimony and simply went with the GAL's recommnedation without barely reading it.


 


Now with this, during her seasons she will simply not pick anything to spite me and makeup a reason why she is not listening to the child's preference/wish expressed at the counseling session.


 


Is there anything I can do?


 


There is verabage in our decree and order that says parents can not use personal motive when making decisions for the child and that they shall strongly consider the child's preferences for activities that thet voice at the counseling session.


 


Thank you!

Yes, I am afraid that you would have to file a motion for an order to show cause for contempt and provide proof she is using personal motive to keep the child out of sports. The court is going to have to get involved once again and you can also ask the court to at the very least to interview the child in chambers to determine the child's wishes on these sports issues so the judge can hear it for himself. In your motion for the order to show cause for contempt, you would specify in the motion that the court should at least hear the child's wishes directly from the child to prove that the other parent is using personal spite as a reason to deny the child activities and ask the court consider the child's actual wishes personally outside of the GAL's written recommendations. I am afraid that this is all you can do and argue that at the very least the child has a right to express himself to the judge, even if it is in chambers.



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Law Educator, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.


Thank you very much for your help. I did have one question, as I was confused on something you wrote..


 


You wrote:


"you would specify in the motion that the court should at least hear the child's wishes directly from the child to prove that the other parent is using personal spite as a reason to deny the child activities and ask the court consider the child's actual wishes personally outside of the GAL's written recommendations"


 


When you say "....and ask the court consider the child's actual wishes personally outside of the GAL's written recommendation"....


 


Are you saying that if I ever get to the point I feel she is not strongly considering his wishes (which would be a violation of the GAL's recommendation), and I file a contempt charge, that when I get in front of the judge I ask if my son can be spoken to by the judge?


 


I just did not understand what you meant by "outside of the GAL's written recommendation".


 


Thank you!


 


Ted

What I meant by that is instead of just the GAL writing a report for the court to read, you are asking the court to actually interview the child or allow the child to testify so the judge could hear it for himself.