changing from joint custody to full custody

[MBN]

My husband and I live in Indiana, his ex wife lives in Illinois. My husband has custody of his children but they are currently living with his ex and have been for quite a few years. She is wanting to update their custody papers but she says in order to do this, she has to change the custody from joint to full custody in her name. Is this correct?

 

[dorenephilpot]

She would be the primary physical custodian of the children.

They might still have joint legal custody, however.

FYI, if this is officially changed in court documents, then child support issues will also be dealt with, and he will have to start paying support on them.

 

[LegalBeagle]

If your husband had custody, why are they living with the mother?

 

[MBN]

He has been paying child support to her since she has had the children. She, however, never paid the child support that she was supposed to while he had the children. We also have paid for 1/2 of all medical bills plus provide insurance for the children, we send clothes over to their house for them, buy shoes for them, and take care of other personal expenses (such as haircuts and the sort) for them. But what I really wanted to know is if my husband has to sign over full custody to her in order for her to have guardianship of the children in Illinois since we live in Indiana or can he keep it at joint custody?

 

[MBN]

My husband had custody but decided to let the children live with their mother after she starightened up her life and got remarried since the children were still young and wanted to be with their mother. He felt it would be best for the children since he wasn't married at the time and traveled quite a bit.

 

[LegalBeagle]

But what I really wanted to know is if my husband has to sign over full custody to her in order for her to have guardianship of the children in Illinois since we live in Indiana or can he keep it at joint custody?

He gives her physical custody.. but he keeps Joint legal custody. Do not agree to anything less than that.