Advice needed

[H3artbrok3n]

Do you have a legal question?

Yes I'm sorry I failed to mentioned this in the beginning. The father, which I'm divorced from and remarried, his job keeps him out of town 2-3 days at a time when he does have to go out to work. The oldest two stay with dad's mother. I asked the judge when the father and I were in court "why can't I have the oldest two when he is out of town" the judge replied " oh let them stay and visit with grandma and grandpa while dad is out of town"
What do I do legally or how do I go about it legally getting them when he is working.
It would have to be in a court order before he would abide by it that's just how he is

 

[Proserpina]

Yes I'm sorry I failed to mentioned this in the beginning. The father, which I'm divorced from and remarried, his job keeps him out of town 2-3 days at a time when he does have to go out to work. The oldest two stay with dad's mother. I asked the judge when the father and I were in court "why can't I have the oldest two when he is out of town" the judge replied " oh let them stay and visit with grandma and grandpa while dad is out of town"
What do I do legally or how do I go about it legally getting them when he is working.
It would have to be in a court order before he would abide by it that's just how he is

If nothing has actually changed since the original order, it appears that you don't have the required CoC.

 

[CJane]

In order to change a custody order, you need to first show that there is a material change in the circumstances of the child. It doesn't sound like there has been. And... you can't bring up things that were previously heard by the court. So, if the judge already determined that when Dad is out of town, the children don't automatically stay with you, that's the way it is.

Legally speaking, there is nothing you can do. So, you need to focus on helping your son cope with life the way that it is.