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Change of custody for no good reason?

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kitt

Junior Member
What is the name of your state? PA

My husband has had 50/50 legal and physical custody of his kids for the past two years. His ex filed for more support due to her mental health and was awarded 100% of the monthly support amount without my husband getting the consideration of having them 1/2 the time. Around the same time she filed for full custody. The reason she gave at the first mediation was it just didn't work for her any more and that the kids were involved in too many extra curriculars that they forgot stuff going back and forth. The only time anything was forgotten was when they were coming back from her house. She has now told my husband that she will drag this out as long as she can as far as the custody goes. He told her she would only be hurting the kids and her reply was she didn't care. My question is this: Is there any way he can stop her from dragging this out over an extended period of time without making himself look like the bad guy? It is obvious she is not going to compromise on anything. He was really hoping since she got the support amount as if she had them all the time she would let the custody thing go - but as he is now unable to afford to pay for most of the extra's (as she now gets that money in the form of support) she want's to take the kids. If he would go to the next mediation which is in a few weeks and it looks like there will be no compromise can her request it go to a judge next instead of the next level of mediation? Any insight would be helpful.
 


LdiJ

Senior Member
kitt said:
What is the name of your state? PA

My husband has had 50/50 legal and physical custody of his kids for the past two years. His ex filed for more support due to her mental health and was awarded 100% of the monthly support amount without my husband getting the consideration of having them 1/2 the time. Around the same time she filed for full custody. The reason she gave at the first mediation was it just didn't work for her any more and that the kids were involved in too many extra curriculars that they forgot stuff going back and forth. The only time anything was forgotten was when they were coming back from her house. She has now told my husband that she will drag this out as long as she can as far as the custody goes. He told her she would only be hurting the kids and her reply was she didn't care. My question is this: Is there any way he can stop her from dragging this out over an extended period of time without making himself look like the bad guy? It is obvious she is not going to compromise on anything. He was really hoping since she got the support amount as if she had them all the time she would let the custody thing go - but as he is now unable to afford to pay for most of the extra's (as she now gets that money in the form of support) she want's to take the kids. If he would go to the next mediation which is in a few weeks and it looks like there will be no compromise can her request it go to a judge next instead of the next level of mediation? Any insight would be helpful.
I am not sure why he is worried about her dragging it out. If he has 50/50 now those orders are going to stand until either a new agreement is made or new orders are made, so dragging it out would seem to defeat her purposes more than his. Is it the cost of the proceedings being dragged out that is the issue?...or is it something else?
 

kitt

Junior Member
Change of Custody no good reason?

I know that I am worried about it financially - only because the money is running out. Somehow we always manage to come up with it. She gets legal aide. Which is another question - she had a legal aide attorney for the support hearing - does the state of PA provide legal aide in custody cases? I heard that they don't but I don't know. The big part is the longer this gets drawn out the more she basks in the glory of trying to interupt the life we are trying to make as a family and the kids are already worried about this next court date and keep asking me what it is for. Apparantly she tells them they are still going to court and they are worried - I just don't know how productive mediation is when going in there is one side (or both sides) absolutely determined to get what they want? My husband was thinking of asking the mediator to please have this go before a judge if it seems to take a turn in that direction? If he would do this would it reflect badly on him? Is her reasoning good enough to warrant change of custody?
 

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