About to go to court for custody agreement - new case

[saolli]

I am a proud father of 2 little ones here in Kentucky.  I was never married to the mother.  We were together for 4 years and have been separated now for about 6 months.  We have so far shared 50/50 custody of the kids (although, I have spent a lot of time 'helping her' during her time with the kids).  She now wants a written agreement filed with the court.  As it stands right now, I make less money than her and we are both struggling to keep up on bills, but we find a way.  I believe she wants to bring this into court for the sole purpose of being listed as the 'custodial' parent so that she can get child support from me.  I believe her intention is to keep the 50/50 deal, but wants to get support.  We split all of the child care costs right down the middle.  If it turns out in court that she is given this title, I believe she will file for child support.  The reality is that I am much more active in the kids lives and spend more 'face to face' time with them than she does.  If I have to pay chlid support, I will likely not be able to provide a home for my kids in Kentucky and be forced  to live with my parents in Michigan (free rent).  This ultimately will change the 50/50 deal and take my kids away from me for most of the time.  I'm scared to lose any time with my kids.  I have been researching gender discrimination and such things to prepare for a possible battle in preserving my time with my kids.  Does anyone here have any suggestions of how to approach this or court cases that I can review that may help me - should it come to that point?  Thank you in advance.

[ocean]

Document all the time you had the kids. Make a calendar for the past few months on one page with the days you have the kids. One color is kids with dad, other day is kids with mom. Courts usually go by how many NIGHTS are with each parent so whenever you can, have them overnight. It is good to show in court that you have been doing things equal. You want JOINT LEGAL and JOINT PHYSICAL of the kids.
If you go to dr offices, have them write in record who brought them there then get copy. If they go to daycare and you sign the kids in/out get copies of that. Anything that shows you are involved. Pictures, date stamped if possible doing things with the kids throughout the last 4 years showing you are a good father. If she works, get her schedule and show you can have kids during that time too.

[gemini3]

In Kentucky, the parents can agree on a seperate support amount that will take precedence over the state guidelines.  Unles your ex is on public assistance, in which case they won't accept an agreed up amount that is lower than KY state guidelines.

Since you guys have always shared custody, I think step one should be to see if she will sign an agreement of 50/50 shared custody, with all costs associated with the care of the children covered by the parent who is exercising his or her parenting time.  Put in there that you will split unreimbursed medical expenses 50/50.  If you both sign it in front of a notary you can file it with the court, and problem solved.

The other thing to consider... she might be trying to get on public assistance.  If that's the case, the choice isn't hers.  They make her file for CS.