ROFR and custody change

[mom16]

What is the name of your state? TX
I currently am CP and have ROFR

My 16 year old decided last year to go to school in ex district (ex told son he had the right to choose) instead of court battle I agreed - visitation was approx 50/50 (one week ea)

X had rule work only 1/2 way between houses (30 miles)

Now X has said he will not enforce work geographic restriction and told child to work within walking distance to his house, also chilld now states he want 70/30 time split - EOW and i day a week at with me.

X has told child that child has right to choose.

PAS is involved - Currently seeing a counselor who states due to childs age there is very little that can be done, hopefully age/maturity will help later

X is have SM (big part of PAS) take child on vacation alone said my ROFR means nothing.

Can anyone give me a guess regarding chances in court to enforce or is age 16 1/2 a big factor.

X sued me for custody 4 years ago - was no change after 3 years in court many evals etc. X had lawyer - I did not.

 

[Ohiogal]

And what does your custody order state word for word about your questions? That is what controls and if dad does not follow it until it is changed then he is contempt. And same for you.

 

[mom16]

CO states I am residentiial parent with joint legal custody. also ROFR if child is not in care of either parent for 16+ hours than other parent has ROFR

I understand I am within my rights but child is 16 1/2 and X has told him he can make decisions which is part of PAS - if I take issue to court I have been told that due to age of child I will loose custody and counselled that this (court) will only feed into PAS going on.

My question is wether or not a judge will agree to allow a 16 1/2 year old to make these decisions based upon age and thought that at this age it is hard to enforce visitation.

Thanks

 

[Ithildriel]

Not legal advice

But I don't believe that anyone can predict how much credence the judge will give to your son's wishes. It varies from judge to judge, and from child to child based on their maturity and reasoning.

You have every right to file contempt charges if your husband violates the current visitation order. Based on your son's age, it is really up to you to decide if you want to pursue it. I think your kind of damned if you do, damned if you don't myself, but aren't all parents of teenagers? If you push visitation, your not understanding his needs and desires, if you don't, down the line when he grows up he may decide that you didn't care enough to fight for him. Who knows.

 

[mom16]

Thank you.

You are correct - I am in a pickle!!!

I am in the "right" legally and morally BUT at what cost to my relationship with my child if I enforce.

Even better the SM is looking for work out of state and child says he will move!!!

 

[LdiJ]

Thank you.

You are correct - I am in a pickle!!!

I am in the "right" legally and morally BUT at what cost to my relationship with my child if I enforce.

Even better the SM is looking for work out of state and child says he will move!!!

Now THAT you can stop. You still have custody on paper and you can prevent him from moving with them. However again, at what cost to your relationship with your child?

Your biggest problem is that its only 1 1/2 years until he really IS old enough to choose.