Custodial Parent divorcing: change of circumstance?

[ksmomof2girls]

Soc,

My ex husband and I have joint legal custody with him having primary residence.  I'm in a very stable relationship and neither one of us are wanting to get married again. We have been together for almost 3 yrs. May will be 3 yrs.

I have just found out that my ex husband and his wife of 3 yrs are getting a divorce. Not only that, his hours at work are from 8pm-6 am and he leaves home at 7pm.  I do not think that these are going to permament hours, but they have been going on for almost a month now.
Also, all he is getting out of it from what I have been told, is his clothing, and the children's furniture and clothing.

April 7th will be 4 yrs that the children have lived with him. CO was finalized July 19,2001.


My question is:

1.  Would these be considered a change in circumtance for me to try to get custody or at least try to get 50/50?

I'm in the State of Kansas.

Thanks a bunch

[socrateaser]

>My question is:
>
>1.  Would these be considered a change in circumtance for me
>to try to get custody or at least try to get 50/50?

It depends on whether there is substantial evidence that the children are being negatively affected by this divorce. You could certainly file a motion and present whatever evidence you have in this regard, and hear what the judge thinks on the issue.

Ask the kids how their father's situation is affecting them. Try to be objective (very hard to do).