notsurewhatto
Junior Member
What is the name of your state (only U.S. law)? WV
My ex and I were never married. We have two kids together. We have never lived together. Both children live with me. Oldest is four. There is no formal custody agreement but I have let him see them whenever he wants. He never took much interest in our son (his 2nd child) and I had hoped that would change. Now that our son is old enough to be aware of the way his father treats him differently I have told my ex he has to have visits with both children even though he only wants to take our daughter. He sees them maybe once a month.
He stated he is filing for custody/visitation through the courts. But he only wants custody or visitation with our daughter. Not with our son. I've consulted with child therapists on the best way to deal with this and both have advised me it is not healthy for their father to have a relationship with one but not the other. So I have told my ex that he can see them whenever he wants BUT he has to spend time with both of them together. Will a judge see this as me withholding the kids (since he only wants to take our daughter and I've said no he needs to take both of them together) or would a judge allow a non custodial parent visitation with one child while neglecting the other? He pays child support for both. My ex pointed out that sometimes one parent has custody of one child and the other has custody of the other child so I know cases like this exist. However I've been the only caretaker of both children since birth and they have always lived with me. They have never even spent a night with their father (which I hope changes with visitation). I don't like separating them because it is hurting our son to see his dad pay more attention to his sister and he is left out. What are the chances of a judge approving what he's asking for? Thank you
My ex and I were never married. We have two kids together. We have never lived together. Both children live with me. Oldest is four. There is no formal custody agreement but I have let him see them whenever he wants. He never took much interest in our son (his 2nd child) and I had hoped that would change. Now that our son is old enough to be aware of the way his father treats him differently I have told my ex he has to have visits with both children even though he only wants to take our daughter. He sees them maybe once a month.
He stated he is filing for custody/visitation through the courts. But he only wants custody or visitation with our daughter. Not with our son. I've consulted with child therapists on the best way to deal with this and both have advised me it is not healthy for their father to have a relationship with one but not the other. So I have told my ex that he can see them whenever he wants BUT he has to spend time with both of them together. Will a judge see this as me withholding the kids (since he only wants to take our daughter and I've said no he needs to take both of them together) or would a judge allow a non custodial parent visitation with one child while neglecting the other? He pays child support for both. My ex pointed out that sometimes one parent has custody of one child and the other has custody of the other child so I know cases like this exist. However I've been the only caretaker of both children since birth and they have always lived with me. They have never even spent a night with their father (which I hope changes with visitation). I don't like separating them because it is hurting our son to see his dad pay more attention to his sister and he is left out. What are the chances of a judge approving what he's asking for? Thank you