Legal Advice Co-Parenting and Care Arrangements


Questioner

I have been separated from my husband since 2013. We have a son together, now 10 years old. We have entered into co-parenting (8 days with me, 6 days with him). Now it is the case that his father regularly forgets to give him his medication (ADHD), for which he holds his son responsible. He does not help him with his homework, which means that in the week that he is with me he has to cram everything in quickly when he has a speech or test (so far this has fortunately gone well and he gets great grades, but if he gets more than 1 test every 2 weeks, I will be worried). My son plays on the Playstation all day long when he is with his father, for which I am regularly approached by the school and daycare, as he plays games that are very violent and as a result he is very busy at school and often involved in his own fighting world. Besides that, he gets bad food (at most something healthy twice a week) and he goes to bed very late (on weekends often after 11 p.m.). I have made several attempts to convince father to take good care of our son, but we have not made any progress. Father has had a parenting course, via the ADHD treatment center, where my son was being treated. I have tried to find a solution via school social work (in response to complaints from school and daycare), but father did not feel like having a conversation. Because school social work only works on a voluntary basis, and father cannot be forced into a conversation, I have been advised to hire a lawyer. I would prefer not to do that, and I still hope that my father will take good care of our son, a child has the right to both parents and I would cause my son terrible pain by doing so. It's not like he's in any danger, he's getting food and he has a roof over his head. I understand that these are the points that a judge looks at. I would therefore like to know where I stand, do I have grounds to start a case? Thank you in advance for your response.

Lawyer

You could indeed request a change in the care arrangement. The judge will look at whether a change is in the best interest of your son. Given your concerns, I certainly see possibilities. Certainly if the various authorities are prepared to put things on paper for you. You have also made an effort to reach a solution by mutual agreement. Unfortunately, this did not work, not through your fault. You can always contact me if you have any questions.

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