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Can a child write a letter to a Judge?

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What is the name of your state? Arkansas.

Long story short... My step-son has asked if he could write a letter to the Judge to ask if he could spend the entire summer with us. My husband has standard visitation of a total of 4 weeks which is split up into two separate 2 week sessions. He's been begging for this for quite some time and we keep telling him that he would miss his mom too much because Summer is a really long time. But that doesn't seem to phase him. He lived with us up until two years ago... but that's the best we could come up with. Well, his mother came up with... "It's up to the Judge." according to my step-son. (There is absolutely no communication between my husband and his ex.) We would love for him to be able to stay with us all summer, but I don't think his Mom meant "If it's okay with the Judge, it's okay with me."

Is it even permissable for him to write a letter to the Judge and send it?
 


C

CALIF-PROLAW30

Guest
NotAnAttorney said:
What is the name of your state? Arkansas.

Long story short... My step-son has asked if he could write a letter to the Judge to ask if he could spend the entire summer with us. My husband has standard visitation of a total of 4 weeks which is split up into two separate 2 week sessions. He's been begging for this for quite some time and we keep telling him that he would miss his mom too much because Summer is a really long time. But that doesn't seem to phase him. He lived with us up until two years ago... but that's the best we could come up with. Well, his mother came up with... "It's up to the Judge." according to my step-son. (There is absolutely no communication between my husband and his ex.) We would love for him to be able to stay with us all summer, but I don't think his Mom meant "If it's okay with the Judge, it's okay with me."

Is it even permissable for him to write a letter to the Judge and send it?

My response:

Sure. He can write all he wants. It won't do any good, but - - you know, it'll be like writing to Santa Claus. It makes kids feel good, and gets issues off their chest.

Remember to put a case number on the letter.

IAAL
 
NotAnAttorney said:
What is the name of your state? Arkansas.

Long story short... My step-son has asked if he could write a letter to the Judge to ask if he could spend the entire summer with us. My husband has standard visitation of a total of 4 weeks which is split up into two separate 2 week sessions. He's been begging for this for quite some time and we keep telling him that he would miss his mom too much because Summer is a really long time. But that doesn't seem to phase him. He lived with us up until two years ago... but that's the best we could come up with. Well, his mother came up with... "It's up to the Judge." according to my step-son. (There is absolutely no communication between my husband and his ex.) We would love for him to be able to stay with us all summer, but I don't think his Mom meant "If it's okay with the Judge, it's okay with me."

Is it even permissable for him to write a letter to the Judge and send it?
Unless it specificly states standard visitation is only 4 weeks, then that's what you get. But I've reasearch what kind of visitation my husband has (standard) and it says you get 4-6 weeks in the summer. I'm not sure if the CP has to agree to the 6 or if you are subject to get it. But with it being open like that then I think your more likely to get it,especially if the child is asking for it. Why not just go to court to modify visitation and let the kid speak there? If you want anything else modified I do it then too. Good luck
 
No, the standard schedule for our county states the dates of July 1 - 15 and August 1 - 15... nothing more, so that's all he gets, period. Unless his mother and father agree to more and they don't commnicate. I doubt the Judge would accept a modification of more time, since our schedule is the standard schedule for the country. And I don't think the Judge would allow the child to testify because he is only 10. My husband doesn't want to put him on the stand and I don't think I really blame him. Plus, filing for ANYTHING would add more conflict to the child's life because it would add more conflict between the parents.

The kid doesn't even know what a case number is. And there is no way we are going to advocate this for him because all it is going to do is cause more conflict between the parents.

So, should we say, "Okay, write the letter and let him address it just like he does to "Santa Claus" and let him believe he actually sent one to the Judge? Or simply tell him that "No, it isn't allowed and this is the way it is, sorry!
 
Last edited:

stealth2

Under the Radar Member
Dad explains to him that that's not how it works, and while he understands his feelings, children are not the ones who make these decisions. But he will have a lot of fun while he's with Dad.
 

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