confusedmother
New Member
My ex-husband and I have been divorced a little over 6 years now and he pays me $150 a month for our daughter who is now getting ready to turn 10. I have taken him to court 2-3 years ago to raise child support and he filed a motion to get custody of my daughter, but the judge at the time said we needed to exchange income infor. and do a child support worksheet, as well as go to case management. My ex decided he didn't want to pay the expensive fees for case management and agreed to pay the increase in child support so my attorney drew up the papers but he would never sign them so the support was never increased. In June of '07 the state of Kansas sent him paperwork to modify child support again and he again filed a motion for custody, we went to court in March of this year. The judge this time said I should keep residential custody, gave him some extended parenting time during the summer and again said to exchange income information, however, my ex-husband told the judge that he was concerned for our daughters safety because I have been in contact with an old friend who is incarcerated. My friend has been incarcerated for about 7 years now for attempted 2nd degree murder, I have been writing to him the entire time and recently (the last year or so) I have visited him. We have discussed the possibility of a relationship once he is released next year and I don't feel he is a threat to my children because I understand the circumstances under which he was convicted, which truely was self defense and protection of his younger sister and 2 nieces from a man that repeatedly abused her and threatened to kill his father and him, that being said, the judge in my case told me if I were to persue a relationship or have him anywhere near my children upon his release then he would consider this a material change of circumstance and he would take my daughter from me...can he really do this? I would understand if my friend were convicted of a crime against children or a sex crime but that is not the case. Don't I have the right to persue happiness and the right to live my life the way I should choose without a judge telling me what I can and cannot do as long as my children are safe and in a stable home? I plan to file an appeal to his order however I just wanted some advice before I proceed.
