sarah
journeyman
Reged: 07/22/04
Posts: 62
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Change of Custody?
08/11/04 09:47 PM
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4 months after their divorce was finalized, my husband's ex wife decided that she couldn't handle raising their two children and signed papers granting my husband primary physical residence of the kids. They were 3 and 5 at the time. She cited needing to go to school to better their futures as her motive for doing this. Come to find out, she was heavily into cocaine and couldn't handle getting up to care for the kids after her late nights partying (per her roommate).
My husband and I have been married for a little over a year and a half and because my husband worked nights in the beginning, I actually had more "parenting time" with the kids than he did. I love and care for these children as my own.
During our "courtship" his ex was pretty good about maintaining a reliable visitation schedule. Then, slowly, there would be excuses as to why she "couldn't" take them on her weekends. Child support slacked off and eventually, she moved out of state and has only seen the kids for a total of 22 hours since before Christmas 2003. She also pretty much stopped paying child support.
A few months ago, after getting herself into a situation that she couldn't get herself out of, she emailed my husband and asked him if I would adopt the kids b/c she couldn't keep up with her child support...but, she wanted all of the same visitation rights (that she hasn't been exercising anyway). We just ignored the email and filed paperwork to take her to court for child support, trying to set a precendence of her irresponsibility.
A month or so after that, we went to court and she was found in contempt and a lien put on her for the over $10k in back support. Since then, despite threats from the judge and CSE, she has still been inconsistent with support and calls the kids twice or three times a week for a couple minutes per call. She recently married a Marine that she had known for 8 weeks and whom she met while working as a stripper....
Is any of this grounds to change the custody agreement from "shared parental responsibility" to full custody?
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