How old is your son? Find out if he is old enough to tell the court himself of what he wants to do.
On my trial, both my children were under the age limit. My son was 2 years too young and my daughter was 3.5 years too young.
My lawyer and I were able to convince the Judge to speak to the children by requesting that the Judge have a COMPLETELY PRIVATE converstaion with them behind CLOSED DOORS. We stipulated that neither the mother, myself, or either one of the lawyers could be present.
The judge felt that it was fair since the children are not put on the stand and do not have to face MOM or DAD while the judge speaks with them. The conversation took place in the judges office and only the judge and bailif were present. The conversation was held strictly confidential and no comments were made of what was discussed.
One more thing, I asked the judge to order the mother and all relatives and myself and all my relatives to never question the children with regards of what was discussed. We were all to act as if it never happened. If anyone would question the children they were to be found immediately in contempt of court.
The conversation took place and so my children even though they were younger than allowed, had their say on the matter.
PS: If anyone pursues this for their case, MAKE SURE that without realizing it you DO NOT indirectly coach the children to say what YOU want. Remember, if the judge asks, Did your Dad talk to you about what to tell me? and the child says YES. You kissed this chance good bye.
Good Luck and I hope you can use this in some way, it worked for me, I have my children with me already.