I found out a couple of days ago that the reason my son is crying all the time and not wanting to come to my house for his alleged time is because he says his mother, aunt, and grandma are telling him they miss him while he is gone and don’t want him to leave to come to my house. Is there anything I can do legally to have this stopped? This is becoming a big issue as he starts crying on Wednesdays all the way until I pick him up on Fridays. He has even told his guidance counselor at school he doesn’t want to come to my house. If I tell him he doesn’t have to come can she get me for abandonment or have child support increased?
You don’t have to keep him, if your child support is based on your current schedule and you give up time, your ex can seek a increase but she will have to wait until 3yrs after the last order was made.
There may be language in your Order regarding this, so you should read your Custody Order carefully. Talk to your ex about the issue. They may not realize what they are doing. I would start by taking that stance first. Get them the book “Divorce Poison”.
If that doesn’t work, seek assistance from a therapist who can explain to them what they are doing to your son. If none of that works, file a Motion for Judicial Assistance with the Court. Don’t give up your time and give. Get to the bottom of the issue.
The court isn’t likely to order anyone to refrain from expressing to a child that the child is missed. This is a difficult situation, and one you should try to address with them directly.