What is the name of your state? Colorado
My wife is the custodial parent, she moved from Colorado to Kentucky to live with her mother so that she could pay off some debts.
This worked for a few months and now she and her mother are fighting and she is getting an apartment but she's leaving the children with her mother and says she will visit them.
I think that if she can't afford them or doesn't want them living with her that I should have them. I am their father and I don't think it is right for her to do that. I would take them in a second. They used to live with me full time and she got them whenever she asked for them while I paid her child support, I didn't care because I had the kids and that's all that mattered. It wasn't until she wanted to move because the creditors were hounding her and garnishing her wages that she filed for custody and it has been a travesty of justice since.
I pay her 1100 dollars a month and I've never been late. I thought the whole idea was that it was to support my children.
I do have a lawyer but I'd rather get a little advice before I spend anymore money, as of now I'm just living paycheck to paycheck because I had them all summer and with the custody battle that I'm still paying for, child support and the daycare expense I'm wiped out. I'm not complaining, I'd spend my last dollar on them. I have been working a lot of overtime since they left and working nights at a second job so I'm about to get in a better financial position.
I'm also tired of getting messed around by the courts and don't want to file anything that isn't pretty close to a sure thing.
I just think that if their mother isn't physically living with them that they should live with me.
So the real question is: Do I have a valid point?
And the problem is: How do I document it?
Could/should I take the time to go there and make sure this is happening? If it is happening, how long would she have to leave them with her mother before it would matter to the courts? A week, a month, or what if she does visit a couple of times a week or what if they visit her? Or would this even matter with the courts.
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?