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Legal Advice.

Big-John

AnaSCI VET
Oct 25, 2012
3,128
0
0
Ok. I'm hoping someone here knows or has been through the same thing. So here's my question. I have joint custody with me kids and get then every other week and a week at a time. I got laid off work yesterday and may have another job but it will require me to be gone on a drill rig 2 weeks at a time then off for a week. I would still want my kids to be at my house with my wife while I am gone. Can my ex-wife use this against me and get full custody?
 

srd1

AnaSCI VET / Donating Member
Feb 19, 2013
2,311
0
36
midwest usa
I would say no as long as the kids are in a safe enviroment with a responsible care giver ie: your wife if she were a girlfriend there would be an issue but you guys are married so i wouldnt think there would be alot the ex could say....i had a horrrible first divorce ex had custody of my three boys for 2 years then signed over full custody to me and ive had full custody for the last 10 years ex hasnt seen my boys in five years (likes pills more than seeing her kids) same deal with another guy she has three other kids with hes had custody of theirs for the last five years....but no im not an attorney so you might wanna cosult yours before making a decision but common sense tells me theres not alot she could say about having to work and support your family.
 

Big-John

AnaSCI VET
Oct 25, 2012
3,128
0
0
Thanks man. I sent my layer a message today so I will wait and see what she says.
 

WesleyInman

Registered User
Jul 28, 2013
79
0
6
Big John, not sure if you got this settled yet, but if not PM me and we can talk.

I went through this for 3 years, plus my undergrad and BS is in PreLaw so I have some solid experience in this area. It will depend on the State and age of the kids and supervision. If you are the sole parent in the house then yes, they would want to change the custody status, however it could be "temporary" until you find another job, you can put that into the order but if this is the case, you may be better off collecting unemployment and finding a job that suits your current custody agreement.

Also,If you have a "new" wife and she is home, or you have one of the "grandparents" of the children available that has a relationship with the kids, it very well may count as "supervision" depending on her length of time in the residence and also dependent if you have a "first refusal" clause in your custody arrangement.

First refusal means that should you need babysitting or supervision of your children, the custody agreement would make it clear that both you and your Ex would have to contact the other parent FIRST and foremost and give you the opportunity to watch the children prior to hiring a babysitter, daycare, etc...

But this would have to be written specifically into the agreement.

All custody agreements can change and be changed. Good luck and again PM me if you need to discuss options :)
 
Last edited:

SoccerDad

Donating Member
Jan 21, 2013
173
0
0
Midwest
All custody agreements can change and be changed. Good luck and again PM me if you need to discuss options :)

This is really the main thing. I have been there. I ended up with full custody of 3 of 4 of my sons. It was hell getting there, though.

The reality of the divorce system is that the judge/magistrate can really do anything he wants.