My question involves a child custody case from the State of: West Virginia
This is for my husband. We have been talking about what we feel is in the best interests of the children. My husband goes to court PRO SE and so does his EX. I have 2 children from a previous marriage and we have 1 together. We do not really want to have 5 children full time. But we also do not want to see the children suffer. My Ex is not in the picture moved and abandoned my 2 so it would be 5 fulltime if we do this. We really want her (the ex) woke up and to hopefully do the right thing. But will take the children if the court say so. So here is some background.
We live in FL his ex and children in WV. They havenít been together since 03. He was in the military and was medically discharged in 05. They divorced in 06. He moved to FL in 05. Every summer we have the kids. All summer, she provides nothing, no clothes, not even a toothbrush. Every year its is a FIGHT to get the kids. For two years in a row they were in court before visitation. As Hubby had the court order enforced for her to provide 50% of the transport. Every year she tries to change it. There is no set date in the order so it is always a fight till they day they are here. This year hubby said NO more fighting. So he hasnít fought with her and she has emailed him that she wants to keep them this year. Well she has been slapped on the wrist in court a few times. She doesnít allow him his part in the decision making when it comes to major medical. Her reasoning is he moved to FL and if he doesnít like it to move back. She has started limiting his calls. We have it documented where she said all he does is call to complain and she "allows" him once a week calls. In his paperwork it is unlimited if the kids arenít home she is to call him back. That doesnít happen. Well now the kids are doing HORRIBLE in school. They miss at least 8 days a semester and have been late 11 days this one. One has 4 Fs (Es up there) and 1 D, The other has 1 f and 3 Ds. This has been on going all year. My husband has email communication with the teachers. Obviously, more than she does. As the one teacher just emailed saying I need any and all help you can give with the child. That the child was doing better last quarter with whatever you did. The child is failing not turning in homework and has fallen asleep in class a bunch lately. My husband was calling every night sometimes 2 or 3 times. Then getting on the kids and her about their work. She didnít like this so TRIED to get a protection order claiming harassment. It didnít go but my husband backed off because she will only allow phone calls once a week to go through! He doesnít want to be in court 100 times and ongoing. If he takes her to court what are the chances she will get a good punch and wake up from the judge, will it be another slap on the wrist, or would he be coming back to FL with the kids? Oh and the home life here is standup. My one child is a 4.0 student has missed 0 days of school and no tardys, the other has 4A's and 2 B's has missed 0 days and has only 1 excused tardy. My husband is going to school so is basically a stay at home dad right now also just had 2 surgeries on his service connected injuries so is there 24/7 for the kids. Help what to do what to do?