My ex-wife has legal custody, she asked me to take care of the kids, do I still ...

[amore707]

My ex-wife has legal custody of my two kids, she has asked me to take care of the kids for the rest of the school year, she is moving from WA to Nevada. I currently pay child support, to DSHS in WA. I have arranged it so that DSHS gets my paymensts throw direct deposit. I'm I lefgally responsible to continue to make child support payments even if the children are residing with me? There is substantially higher expense with my kids living with me as opposed to having them with me every other weekend. I have had to rent a bigger apartment, I have higher grecery bills and also pay for school meals.  Is this the opportunity I was waiting for to get legal custody of my little ones?

Alex

[MYSONSDAD]

Looks like Lady Luck just knocked on your door. Take the kids, make sure you help them thru the school year and stay very involved with school related activities and all other activities they are involved in. At the end of the school year, go for change in custody.  

Make sure they receive proper medical care and if they have a religion, continue their classes and attend services.

I would gladly continue CS in a case like this. Your State will have jurisdiction.

It will be rough for a few months, but the end result will be well worth ALL OF IT.

What visitation did she have in mind?

GO FOR IT!!!

Just don't let her think anything is 'up'...

[Peanutsdad]

LEGALLY, so long as the order is in effect, you ARE obligated to pay the  child support.

Dont screw up now,,,, this is a golden opportunity.

[amore707]

thanks for the advice. Yes it will be rough with additional expense but I'm able to handle that, what I could not handle in my humble opinion is: the injustice.  

My ex did not mention a visitation plan, but I assume she will come to visit the kids every 40 to 60 days.

You bet! I will get involved in my kids lifes 100%

Thanks for sharing your opinion
Alex

[amore707]

Thanks for the advice, I will continue to pay support until I can legaly stop paying. I will be talking with an attorney next week hopefully he or she can shed some light on the legal aspect of it.

Golden opportunity in deed!!!

Thanks

[msme]

Make sure the lawyer you choose is a Board Certified Family Law & Custody Specialist. Also, Document, Document, Document. Keep a record of every little thing. No matter how seemingly insignificant. Little things in your notes often remind you of other things.

After you have them for a month or so, Ask your lawyer what he thinks of you sending her an informal note bringing her up to date on the kids & then at the end, casually ask her if she could send back the child support since the kids are with you.

She will probably ignore you. Don't mention it again. Just make sure you keep a copy of the letter & send it RR. Then you will have some evidence of her not having the kids best interest in mind.

Good luck & God bless

You never get a second chance to make a first impression!

[MYSONSDAD]

You might want to document all the time with the time tracker here at SPARC. Save all receipts to show the children are living with you. All school records and so on. Just play it cool so she does not get suspicious.

Documenting the time will show how little she will be spending with them and how much your putting into nurturing. If she wants to visit, make sure SHE comes to visit and not take the kids with her.

Keep us posted!

[Jayson1974]

Alex:
I have a similiar situation.  My ex has legal custody of my son but last Christmas break she asked me to have him live with me.  Meanwhile she still collected support.  I cared for him until August when she suddenly yanked him back to reside with her.  I've filed the paperwork on my own to have custody and support changed, but it seems to work so slow.  I've concerns about the sleeping arrangements at his mom's house.  She is renting out my son's bedroom and she has two younger girls (not mine).  Presently my nine year old son is sleeping- not only in the same bedroom-but in the same bed with his younger half sister!
Knowing how kids get curious and such, of course I am concerned.
I'd be interested in knowing how it turns out for you!
Jayson

[joni]

the magic number is six months...wait six months and file for custody based on substantial change in circumstances otherwise you'll be visiting your kids in Nevada.