My 2 year old cries hysterically when he leaves me and have to go with his dad. And the odd part is that the father has primary custody and I have partial custody. Would the courts consider that my child cries badly when he has to go to dad?
Criminal Defense Attorney
Any issue that impacts the best interest of the child will be relevant in a child custody trial. Without know more information being the entire situation, it is impossible to say whether this is a relevant factor to consider. Just because a 2-year old cries does not mean its because he's going with his dad. The 2-year old cannot explain why he is crying, and dad can simply say he's crying because he's not happy being with you. The best thing to do is consult a family law attorney to review your case and all the circumstanced surrounding custody to determine whether a modification petition is warranted. Good luck.