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Father trying to modify 50/50 Custody of teenagers

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coroandobbmom

Junior Member
What is the name of your state (only U.S. law)? California

Long drawn out story, will try & make it quick. Currently we split 50/50 legal & physical custody. We have a court order schedule of 7/7 week on/week off but we chose NOT to follow it 3 yrs ago since our children were used to a 2/2/3 for 7 yrs prior (and they were younger). Ages of my boys 17 1/2 & 15. This last 9 months has proven to me that we should have followed the court order schedule. This 2/2/3 is too hectic for teenagers, parents included, even though we live in same neighborhood. So in July, I emailed my X asking him to consider adhereing to the court order 7/7. He didn't reply for two weeks.....then I got a big surprise, got served for "full-custody" of my two teenagers. My teenagers now are saying "out of the blue" they want to live with their Dad. FYI, Dad is behind 10,0000 on back support which I have been going after the last couple months. Sorry to ramble, lots of details.
Question: I just got the FCS Mediator's report back. She did interview the kids as well, 3 days later. I am shocked at the report. She just listened to the kids, kids want to live with Dad, same sex parent. She writes "very common". There is really no reason to change custody & nothing has changed since we were last there (3yrs ago). Why would she not suggest adhereing to the original order in hopes for more stability and consistency? Instead, she suggested that I get 6 days a month (alternating weekends). I realize it is emotional for me but I think this is very extreme & not in the best interest on my boys & I. Please keep in mind we have doing a 2/2/3 for 9 1/2 yrs, now she suggests the boys go from seeing me 15 days a month to 6. What are my chances that a judge would recommend the 7/7 first before taking away 1/2 of my custody or would they just listen to the Mediator's report? Help??
 


coroandobbmom

Junior Member
don't really understand the comment? Some legal people say the Mediator's report is what the judges go by, I was asking for a legal opinion about trying to get the 7/7 enforced over the Mediator's report.
 

mistoffolees

Senior Member
Just to make it clear to OP, this is really for your benefit. There are too many cases where someone is getting bad advice because they start a new thread and leave out important information. If all the questions and information are in one thread, the advice will be much more useful-and accurate.

In family law, as in most legal subjects, very few issues are simple "if A, then B" questions. Multiple factors almost always enter into the equation, so all the information needs to be in one place. No one is going to bother to go back through 6 different threads to try to figure out what's going on. If you want free advice, be considerate of the people volunteering their time.
 

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