Custody issues when one child is not satisfied with arrangements...

Anonymous Asked:

Our History:
Me and my wife divorced 3 years ago. From this rupture we have 2 children ages 11 and 10 as of today. At the begingin of our separation we had joint custody. Two years I moved away from the area I have rights that allow me both children 2 out of every 3 weekends from Friday night to Sunday night. During the summer we have joint custody 1 week / 1 week. Same for Holidays. This has been established since we separated now going on 5 years.

Issue:
My 11 year old is starting to babysit. The parents or clients want her to be available every second friday. Given the distance and time it takes to travel to get my children which is a round trip of roughly 3 and a half hours. Picking up the children Saturday morning is troublesome. Plus it seems I am punishing my other child for the siblings wants.

My ex-wife is trying to pressure me into agreeing with this arrangement. I don`t see how I could be forced to give up part of what I have because of a baysitting job. What are my options? do I have any? When my child turns 12 so they automatically have the right to say they wish not to see the other parent?

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Andrew Heft

10 years ago

Maturity and not age is the criteria used to establish if a child's desire will be considered by the Court. In this particular case you should evaluate if your child is mature enough to make such a decision and if the decision is guided solely by her desire to babysit or if there are other considerations at play. What the Courts ultimately consider is the best interest of the child and if the child is capable of taking a decision that is in his or her best interest.

Because of the distance involved and the hardship changing the schedule could bring to you and your other child, there is a good chance that you could maintain the current schedule even against your child's desire. Nevertheless, maybe a compromise could be discussed with all of the parties involved to find a more long-term solution.

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