Making custodial step-father legal guardian?

[jcm2004]

My husband and I have been in a non-stop Child Custody battle with his ex wife. We were served with papers for our court date that is set for the 2nd week of March, she had since December to serve us and is just not serving us less than 2 weeks to the court date.  The ex wife wants to make the new nusband "legal guardian".. "Third Party Child Custody".   She won't ask my husband to sign over rights because that means she'll lose Child Support, so instead, she'll keep my husband around only giving him very limited information on the kids, but it's obvious she is trying to "replace" my husband as their kids father.  So, if the judge approves this, the stepfather will have almost as much rights to the kids as my husband does, but without his wages being considered to lower my husband child support? And should they divorce or she has an "untimely death", she wants her husband to retain certain visitations rights, all the while, he wouldn't have to pay any sort of child support.  Can this be done? She is trying to white out my husband and replace him.  What can we do? Is there anything?  We have a TON of proof that she has violated the court order every which way, but she just does not seem to care and going by previous court experiences, she will just get away with all of it anyways.  Help... Please. Oh yeah, the only reason for this is because she wants to take the kids to her husbands country to visit relatives and because we truly feel she is a flight risk, my husband won't authorize passports, so making her husband legal guardian, for future purposes, she won't need my husband's authorization- her husband can authorize such things. Hope I gave all the information needed.  

[ocean]

Do you have a lawyer? I would think that as long as your husband is active in the child's life and paying support this "should" be dropped. Does she have a trip planned? Good luck!

[jcm2004]

No, we do not have a lawyer.  We can't even afford to move out of my parent's house due to what he pays in Child Support.  I am currently looking for a promotion to earn us enough money for a place to live.  Due to the kids living in TX and us living in CA (they lied to why they needed to move), my husband is as active as his ex lets him be.  He calls weekly, emails inquiring on the children since they are only 5 (special needs) and 6.5, so they can only tell us so much on their own and we send them things periodically just because as well as holiday gifts.  She makes things extremely difficult and is always telling my husband he has no rights.  She acts as though the court order does not apply to her, but yet to judge and courts do not reprimand her on that, so she only continues to do so.  

We have a feeling the judge is going to approve this legal guardianship, which will only help them more in erasing us, mainly my husband of course.

[cowboy crazy]

I do not see a court approving this.  These children have a father who pays support, stays in contact, and does the best he can.  They do not need a legal guardian, they have a mother and father.  I really do not see this happening.

[Sherry1]

additionally, will he have to go to court in her state?  If so, that will be another expense for you.  With as serious as this is, without a lawyer, you will probably be up a river without a paddle.