Hello. I am divorced and have a 16 year old son. We have had shared legal and physical custody for 13 years. My ex wife is remarried and has 2 young daughters. They are moving about an hour drive away in a few months. She planned on our son driving to high school and back to her house on her days with him. He has gone to school prek-10th grade in the town I live in. He already has a very busy schedule with football, basketball outdoor track and band. He has 12-14 hour days as it is. I dont think this is possible even if I felt comfortable with him on the highway in rush hour traffic at 6:15am. My main concern is whats best for him and how he will see his sisters. Any advice would be very much appreciated. Thank you
1 Answer from Attorneys
You don't say what the current parenting plan order is. It sounds as though you would have to file a motion to modify that order to prevent your ex's intention. You have a very good argument that her plan is not in the best interest of the son. At this point (his being 16), his desires will be very important. At that age, most judges are going to defer to his wishes. Unfortunately, that puts him in the middle. A court would probably appoint an attorney for him. An attorney would convey his wishes to the court. If he were younger (8 or 9, say) the court would appoint a Guardian ad Litem (GAL), who would make a recommendation as to what the GAL thinks ought to happen. But he's too old for that. If the court appoints an attorney for your son, the attorney would do what attorneys (not GALs) do, i.e., advocate for what your son wants. So, you'd better find out your son's wishes, because that is probably what the court will go along with. Is your son willing to go up against Mom?