Ex wants custody after11 yrs.

[NSB78]

After the usual 3 yrs child support revise, and saw his payments went from 396.00 to 838.00, my Ex now wants to take custody of our 14 yrs old son. We have two kids together but only wants our son. I dunno where to start!

 

[Duranie]

Well does the child want to live with Dad? If Dad can prove it is in the childs best interest I suppose he can ask for it but it does not mean he will get it. However maybe if you make a deal with him on the child support and agree to a lesser amount he will drop it? You have to determine how much in legal expenses this could cost you and in the end if it is worth it. Can you 2 come to some sort of agreement? Anyones child support more than doubling usually triggers a custody battle.

Who claims the kids on taxes?

 

[irish223]

I wouldn't offer any compromise unless your ex can show a change of circumstance besides a higher child support obligation.

In fact, I'd let him know that you intend to request that he pay your legal fees for any custody action he files.

 

[Proserpina]

I wouldn't offer any compromise unless your ex can show a change of circumstance besides a higher child support obligation.

In fact, I'd let him know that you intend to request that he pay your legal fees for any custody action he files.

I completely agree.

Though at 14 the child's wishes MAY be considered, they will by no means come anywhere close to being the deciding factor and even if the judge does listen to the child's wishes, Dad will STILL need to show a significant change in the child's circumstances.

 

[NSB78]

Thankyou for your replies, My son sort of wants to live with dad. He does but after his usual 2 week visits he usually VERY happy to be home. When asked he just kinda shrugs and says,,,, "I do sorta!" SO, i dunno. But now the EX called and said he just wants to give up his Parental rights so he doesn't have to pay anymore child support at all.....I dunno if he can do that can he?

 

[NSB78]

Duranie- I claimed the kids on my taxes until about 2 yrs ago when he finally finished paying the back child support payments he missed. Now he claims my daughter and I claim my son. I am the sole Medical Provider and he has NEVER made one payment even though our divorce decree says he's responsible for half.

 

[irish223]

Thankyou for your replies, My son sort of wants to live with dad. He does but after his usual 2 week visits he usually VERY happy to be home. When asked he just kinda shrugs and says,,,, "I do sorta!" SO, i dunno. But now the EX called and said he just wants to give up his Parental rights so he doesn't have to pay anymore child support at all.....I dunno if he can do that can he?

No, he can't do that unless there's a step-parent who will adopt. I hope he doesn't say these things so the children can hear!

 

[NSB78]

Well, My husband now who has been here with the k ids with me for the last 10 yrs and my kids call him dad, He would love to adopt them but not at the risk of their Bio-Dad devasting them. I refuse to let the kids know that their dad would rather give them up then support them.