The State is Florida and although courts discourage it for very minor children, it is usually possible if the children have reached a certain maturity level and want to express their preference. His children, at the time, were 13 and 12, and they were willing to testify in court that they wanted more frequent visitations with their dad, that they had been prevented from calling their dad (even collect) when they were at their mom’s house, etc.
As much as we all try to avoid having our kids get involved in these malicious disputes b/w the ex-wife, she certainly involves them, so we need to start making our children aware of the fact that they have a legal and moral RIGHT to have a close relationship with their father and second mom if they so choose. Oftentimes, ex-wives will tell the children “well, you can’t see Daddy 4 times a week because the Judge said you could only see him every other Saturday.” Of course she doesn’t tell the kid that that was her doing and that he could “undo” it.
Also, when the ex completes her financial affidavit be sure she does not include any expenses for any subsequent children she had from another man. The ex-wives, in their attempts to appear financially bankrupt, will include all sorts of things like day care expenses for a child they had with another man (my hubby’s ex tried this. If an ex-wife attempts to declare that she pays the entire rent, utilities, etc. and is married, then she’ll have to include her husband’s income in there as well.
Most, of course, don’t want to do that so they back up a little.