• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What a mess

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

peppier

Member
What is the name of your state (only U.S. law)? Court order is in Colorado

For my son, no he doesn't have internet access at this time. He hasn't talked to a lawyer yet. I don't have access to the court order but will by Monday.

Bare details, Mother was allowed to relocate with children, it has been 3 1/2 years. Children have always stated a preference to live with Father. Father has children from the day after the end of school until one week before school starts. Children are 12 and 14.

Father has always told children that the situation that they have is ordered through the courts and that no one can change them without a return to court and the chances would be slim.

Children arrive for summer this year and vow that they are not going back to their mother's home for the school year. Maternal grandmother has told granddaughter repeatedly that she can talk to the judge and tell him what she wants and it will happen. I have told her it doesn't work that way but an adult who she trusts has filled her head with this.

Father has agreed to go to court though and try to get the order changed but we haven't held out much hope and try not to talk about it with the children which is hard because that is all they want to talk about because they told their mother and she calls them several times a day and keeps them stirred up.

What I think is provable for a change of custody would be the fact that she works 5 to midnight EO night and weekends...if work records could be subpoenaed, and the fact that in their 3 1/2 years they have changed school districts 4 times, if their transcripts are subpoenaed.

All the other stuff is just what the kids say about how they are neglected and that they often only see their mother a couple hours a week because she works, attends college and has an active social life. I don't know if the fact that the kids have to share a bedroom would matter but it was a contentious matter in the divorce because, at the time, my son only had 2 bedrooms.

My main question is this. Father knows that the court date won't be before they have to return home and has told the children that they will have to go home and wait for the results. My granddaughter is saying that she will not get on the plane and if she doesn't there is no way her brother will. I have personally tried to talk to them about this and their answer is always "You don't understand, Grandma!"

How far should he go, besides verbally ordering them, to get them on the plane?

What do you think would happen if they don't?What is the name of your state (only U.S. law)?
 


milspecgirl

Senior Member
what will happen if they don't go home???? dad will lose ANY chance of getting custody.
They do not get a choice- if necessary, dad needs to have the children physically escorted onto the plane.
Maybe explaining to the child that if they don't get on the plane dad will make the judge mad and there will be no chance of their wishes being heard in court will do the trick.
as for the sharing a bedroom- are they the same gender? if not- that could be an issue.
as for mom working- do the children have adequate care during this time?
he has to prove that his home is more stable and a better environment for the children. Why have they switched schools so much- that's more than once a year- a judge may frown on that.
 

milspecgirl

Senior Member
the same bedroom thing is an issue. A 14 yo girl and a 12 yo boy sharing a room will be frowned on.
Staying home alone at that age is really a parental decision. I wouldn't let mine stay home alone at that time of night and they are 15 and 12, but really, once they are in the 12ish age- its up to the parent.
The important thing is- they have to get on that plane.
Unless they are being abused and dad opens a CPS case and can file for emergency custody, they must go home
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top