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Custody Changes & Decree

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  • Custody Changes & Decree

    My marriage was dissolved 6 months ago (2 Kids). We have 50/50 split of the kids. Since then, my ex has threatened to take me back to court, to get full custody if I don't give in to different demands. Nothing has been a major deal until now. I have the kids Mon, Tue and every other Fri-Sun. In addition, I get the kids back on her Sun @ 7:00pm (Per Decree). She watches my youngest child on Mon. and my Fri., because she works part time. She agreed to the Sundays, so I could have additional time with our 2 kids, since she was getting extra time on her days off. Also, I am the residential parent for school purposes and the bus picks my oldest child up in front of the house, so it is easier to get her off to school on Mon. My ex wants to keep the kids over night on her Sun now, because I have kept the kids at my house a few Mon. they were off school, because they wanted to play with their neighborhood friends (No friends @ their moms). If I give in, am I setting myself up for custody issues later? Also, can the threatening emails and other emails that show she is not doing what is in the best interest of the kids be used in court should she take me back? Thanks

  • #2
    Re: Custody Changes & Decree

    I wish to inform you that in case of child custody matters it is the best interest of child which is taken into account. In this, the courts generally prefer to have the child grow under the supervision of both mother and father. Further, in your case the mother can have full custody only if she is able to show that the best interest of the child are with her. In this, she will have to show that you are not taking proper care of the child. In addition, if mother argues that 50/50 time she should be given sole custody then you can argue that child's best interest are served when along with mother child also grows with father. Therefore, child custody with father is needed. Moreover, the emails and other details which you have can be shown that the mother tries to force unlawful demands against you for child custody.

    AFF

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    • #3
      Re: Custody Changes & Decree

      Thank you for your response. On the topic of custody, how easy or difficult would it be for her to decrease my custody, time with the kids. Say only every other weekend, instead of 50/50 split. I have done nothing wrong and the kids truely love being with me. I am the Residential Parent in the Divorce Decree for school purposes, all the kids friends live by me (I kept the house), I have a large family and the kids have many cousins on my side and my fiance has a very large family with several nieces and nephews around the same age as my kids. As I said, I am engaged to a person my kids adore, I have a stable life and have been working for the same company for the past 11 years. My ex lives in another school district a couple of miles away, the kids have no friends in her neighborhood, because there are no kids, she has had 5 jobs in the last 12 years, they have 2 aunts (only 1 in state and no cousins) on her side. She does work part time and her mother watches our youngest 3 days a week (She is paid). She began working part time 3 years ago to earn her bachelors degree, which she has, but has not looked for a full time job. Prior to going part-time, she was making more money then myself, but didn't like her job. Does any of this help or hurt me in maintaining my minimum 50% custody? Also, if she declined child support in return for a financial settlement and spousal support, can she take me back for child support? We do have 50/50 split custody and she makes very good money for a part-time position. Thanks.

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