Postby WifeVersion2.0 » Fri Apr 20, 2012 11:40 pm
I can tell you how my husband's case went.
His 14 yr old daughter wanted to come live with us last summer, he tried working it out with his ex outside of court but she wouldn't agree and wouldn't even discuss it. He obtained a lawyer and filed a motion to modify custody. Mom was Pro Se because she never thought a Judge would "take a child from their mother" and insisted that a child couldn't make that decision. She laid all kinds of guilt trips on the kiddo.
The first hearing, after approaching the bench, his lawyer explained to the Judge why they were there (because D14 wanted to live with dad) then the Judge asked mom and dad both a few questions about the kids (how they do in school, how old they are, what they are involved in) and about the current living arrangements in each household.
Mom = Single, stay-at-home mom, 3 kids (D14 and S12 with my husband) and a toddler with another dude who didn't stick around.
Dad = Working dad, remarried (working wife), 2 kids + 2 step kids
Judge asked dad when daughter first asked to live with him and what reasons daughter wanted to live with him. Reasons included a calmer enviornment to do homework, internet access for school work/projects, and dependability/routine at dad's home. Husband mentioned she had asked a few times over a couple of months time and that he had tried to discuss it with the ex to no avail.
Then she asked mom if the daughter had told her she wanted to live with dad. Mom told the Judge yes that she had mentioned it. Judge asked her what reasons daughter gave and mom stated the same reasons as dad listed but also stated that she thought daughter just didn't want the responsability that came with being an older sibling and that she had plans to get internet the next day.
Then Judge asked mom why she wouldn't agree to daughter moving and mom stated because she's always been the primary parent and that she didn't want daughter to change schools and she didn't want to split up the siblings. (Son12 doesn't want to switch).
Judge asked Husband what kind of plan he was proposing and he submitted to her the same thing he had submitted to his ex before taking it to court. Judge looked it over and agreed that it was fair and in the best interest of the children. Then she spent several minutes explaining to mom the importance of allowing children at that age to make decisions for themselves even if it isn't always what the parent wants. Basically told her to stop being selfish and allow her daughter the opportunity to experience living with her dad and going to different school district.
Motion was granted and Judge instructed husband's lawyer to write up the new order and file it with the court. There was some more hashing out/negotiating on pick-up times but the order went into effect that day. D14 moved up here a week later (after the grading period ended). They were ordered back 2 months later for a status conference (in front of the same judge to see how things were going and how the kid was doing) at that time it was entered into a permanant order.
So, it was a happy ending here. Good luck to you, sounds like your boy could use some stability too!