Q: My ex-husband and I share 50/50 custody of our 9 year old son. My son wants more time with me and less with his dad.
We have been divorced since my son was 3. His dad recently remarried and had twins all within 1 year. It's been a big adjustment for him, and he prefers being with me. His dad is not very emotionally available, and son states he feels he can't talk to him and that he is "mean and not a caring dad." He is emotionally happier and has better one on one attention when it comes to his needs, when he is with me. I've attempted to speak one on one with my ex about these issues but he refuses to give up any time with him, and has not adjusted his household to include our son better. I do not want to take him away from his father, just make is 75/25 instead of 50/50. When he is with him, he is always sad, and counting the days till he come back home with me. Anything legal I can do to change the visitations?
A: It sounds like family therapy is in order, or perhaps you might be misreading the situation. You may want to start with therapy for your son as well as for you and your son together. If dad is invited and joins the sessions, all the better. If it turns out that dad is just neglecting your child, then the best next step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
Joseph Torri agrees with this answer
A: Under these facts it may be difficult to modify custody and visitation. The court would probably order therapy first. If the father doesn't want to go to therapy, filing for modification may be appropriate. Discuss whether you should file to change custody with a family lawyer. Parents need to do what they believe is in the best interest of the child and filing to change custody may be an option. The older a child gets, circumstances change.
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