My question involves a child custody case from the State of: Tennessee
I'm asking on behalf of another.
At age 2.5 years of age... a visatation order was finally agreed upon and the signed by the judge. The visation order is for every other weekend, half day of Thanksgiving, half day of Christmas, and one week in the summer. No other holidays, birthdays, school breaks, or additional summer time was included. Blame this on a father desperate to see his son he had been denied in over three months and a terrible lawyer.
Now at 4 years old... the father is discussing a modification to add more time. The mother is agreeing to an additional day at Thanksgiving and five days during the winter break as long as she gets the entire day of Christmas. (Due to the every other weekend thing, this typically adds 3 days to the December visitation.) The father has asked for alternating weeks during June and July... along with either splitting both fall and spring school breaks or an alternating schedule. The mother has agreed on only the Thanksgiving and Christmas deal. She said she needs to talk to a lawyer before she comments on the others... especially the summer thing. That's been four months ago. After the new year, the father is going to resume talks with the mother. The father said if they can work it out together, he will pay all costs of modifying the current order. He also told her the judge will order mediation if they go to court and haven't agreed and that they will both have to pay for that. And then if they still can't agree... the judge will decide.
So... my question is... suppose the mother will not agree to the alternating weeks in the summer. Is there any hope that a judge will consider it? I know the father shot himself in the foot by signing the first agreement. But things have changed... even though I don't think it's technically a significant change. The mother moved 90 miles (yes... just under the 100 mile mark) away to live with her boyfriend. So now it's more difficult for the father to even get "extra" time in terms of school programs and extra curricular activities. The child is older. He's crying everytime he leaves. Asking why his dad will not let him stay longer. Asking why his sisters get to stay at daddy's and he can't. It's just heartbreaking. Do you think there's any chance for changing this summer thing? Any advice on what the father should be doing to prepar for going before the judge in the event she will not agree? As far as what is in the best interest of the child... wouldn't more time with the father when the child obviously adores the father... be in his best interest? Or if not... how might it not be in his best interest? Trying to think from both sides.

