EX is sueing for custody

[Linda04]

Hi

    I have been divorced from my ex-husband for about 4 years now.  I am the custodial parent and he has time sharing with every other week in which he does not abide to. He picks up the kids whenever it is convenient for him. The court decree states that he is responsible for providing health insurance to my kids and that he help with paying their medical bills.  He has never provided them with health insurance and has refuse to help pay for their medical bills.  I let him file taxes with my daughter all throughout the time we were not together and divorced. Last year I decided to file taxes with them because he has not helped me with the medical bills for them. Now my EX is suing me to have time sharing on my two daughters changed to where he is the custodial parent and has more time with them so that he may be able to file taxes with them.  What can I do? 
Prior to our divorce , I went into an emotional breakdown, where I thought about committing suicide and voluntarily hospitalized myself.  If he brings this up in court can the judge use this against me.  He also had been physical and emotional abusive towards me during our marriage and was arrested. Spent one day in jail.  Would this have any relevant since this was before our divorce?

[ocean]

How old are the girls?
Do you have a lawyer?
Make a nice calendar chart for the last year on when he took kids, and when he did not . Color coordinate it to show the days he missed.

Depends on the girls ages and what they want to (depending on age). You can counter sue him for health coverage and any expenses he has not paid for the last year (or since divorce). Is he supposed to pay out of pocket expenses?

[Linda04]

Yes, I have a lawyer.  One of the girls are 14 and the other is 7. Thanks a lot for your suggestion of the use of the calender. I think that's a great ideas. MY lawyer is planning to counter sue. He has a percentage to pay for out of pocket. I depends of the income scale that they use to calculate the child support.

[MixedBag]

It's good that you have an attorney.

NONE of us are attorney's here.

My guess about your emotional event is that it was PRIOR to the divorce so this round it can not be used against you.  BUT your attorney will know better.

If he hasn't abided by the financial end of the divorce then by all means YES bring this up in court.

What's dad's justification in the motion he had to file to change primary residences for the children?

How does your older one feel about this?

Will there be a school change?

[Linda04]

My girls do not want to live with him, they prefer the every other weekend. The oldest wants to be near her friends and does not want to change schools. He lives about 20 miles away. His justification is that I remarried and I live in a 2 bedroom home and my daughters are forced to sleep in the same room with my 20 month old son and my husbands son. This is a lie. First of all, my new husband does not have any other children besides the one I have with him which is the 20 month old.  Second, my 20 month old sleeps in the same room with us.  We are planning to buy a house. The only true reason my ex is taking me to court is that I filed taxes with my daughters and another reason is that I moved on with my life, remarried  and had another child.

[ocean]

CPS only care about a bed for each child and food on the table. Courts see this all the time. You can go to your child support unit and ask them to file contempt of court papers for non-payment of health costs (bring your court orders with you in case they need copies) and ask for the health coverage to be taken over by the state. Each state does this differently. NY, you can go to child support office and they do the paperwork for free and file with courts. Then you go to court with or without your own lawyer. You can also have your lawyer now do it, but will cost you money for them to do the paperwork.

Different schools and children do not want to live with him are in your favor. Usually family court will not take children out of school midyear without abuse and CPS involved. Unfortunately you will need a lawyer, money, and time off work to get this dismissed. Sometimes, your lawyer can file dismissal papers based on there are only 3 children in house, girls share their own room with own beds and there is no change of circumstance and should be immediately dismissed. ONE time , we had this work for us, judge threw it out without giving a court date.

[Waylon]

In seeking a change in custody the only thing that generally matters to the court is if there has been a "substantial change in circumstances (http://deltabravo.net/cms/plugins/content/content.php?content.178)".

As ocean said, CPS couldn't care less about anything other than the basics like the children having food and a bed. The chance of a judge changing custody after 4 years is virtually nil without some exceptional reason or circumstance.