Could this enable me to get primary custody

[clarksmc]

Living in Texas. My divorce became final last June. I am keeping the house. My ex-wife, according to the terms, is permitted to stay in the house until no later than next January 1 and I do not have to pay child support until January 1. She has primary custody of our two children, ages 7 and 4.

She just informed me that she plans to move out October 1st and that she plans to leave the children with me until at least around January 1, ie. about 3 months where she would be relinquishing custody to me. Legally, since she has primary custody, it seems to me that she would be required to take our children with her when she moves out, unless I agree to keep them.

Would her leaving them with me without my approval likely to be viewed as 'abandonment' by the court? If she leaves them with me without my approval, can I go to court and have a good chance of a judge awarding me primary custody based on her having left them with me against my will?

 

[clarksmc]

Apparently, I did a poor job of phrasing my original question.

I want to keep my children during this 3 month period their mother is deserting them and forever. My logic in saying no and then keeping them when their mother deserts them, would be to show the court that she deserted them and left them with me
without my approval. It seems to me that if I agree willingly keep them (as I would like), I would have no case if I went to a judge and asked for custody. He/she would just say 'you agreed to keep them so she would not have to, so you have nothing to complain about'.

My real question is this: How can I use her deserting them for 3 months to take her to court to try and get custody?

 

[irish223]

I'm not sure I would use the term 'abandonment' so freely. Has she told you that she has no plans to see or speak to the children while they're with you? That is true abandonment. Plus, you're their father. It's not like she's leaving them with a stranger.

If she leaves the chidren with you for several months, you can file for a modification of the custody agreement. You may (or may not) get primary custody. It may depend on her reasons for leaving them with you. If you tell her that you won't take them, even if you do, then that's something she can take to court with her for the custody hearing.