Results 1 to 6 of 6
  1. #1

    Default Changing From Non-custodial To Custodial Parent

    Can you tell me what are some of the reasons that judges would take into consideration for children wanting to change who they live with? State of Pennsylvania. Children are ages 10 and 6. My children have told me over and over again that they want to live with me, and not their mother. I pay child support and I am current. I have a decent job and a decent home. My ex will not agree to this because she doesn't want to give up the child support money. She is in a relationship with a guy who does not like children, so she is constantly dumping them off at a babysitter. She doesn't even spend Christmas, Thanksgiving or any other major holiday with them. She dumps them off at my mother's house and picks them up the next day. She currently does not have a job. She has been fired from 2 jobs in the last year because she is constantly calling off work. I know she does drugs with her new b/f, but would be hard to prove. What chance would I have of getting primary custody of my children?

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Changing From Non-custodial To Custodial Parent

    There need to be a major change in the child's situation to justify the change. Sorry. That said I would at least file and ask that you get custody on holidays - the worse that could happen is for the judge to say no. Just don't pay a high lawyers fee and do it yourself.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Changing From Non-custodial To Custodial Parent

    Just re-read your note. You did not say what % you have custody - if you live near the kids you should be able to have 50% if it does not change their routine - like new schools etc. Why was custody not split evenly in the divorce?

  4. #4

    Default Re: Changing From Non-custodial To Custodial Parent

    My ex and I split up over 2 years ago, and when I moved out, she put a PFA order against me because she wanted to make sure that she wouldn't lose the house, so when she filed that, they gave her primary custody of the children. I have the kids every other weekend. That's it. I do live in the same school district as she does, so they wouldn't have to change schools. It is just sad that they want to live with me and I don't think there is anything I can do to change it. My kids honestly thought that I didn't want custody of them and that is why their mother got them. I told them that I didn't have a say so in what happened. I didn't do anything to constitute her putting a PFA against me, she lied through her teeth to make sure I had to stay away from her and the house so she could keep it. They said that they have told her they want to live with me all the time, and she tells them too bad. How do I go about getting at least 50% physical custody? Domestic relations?

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Changing From Non-custodial To Custodial Parent

    sorry - too complicated for me in PA with an FPA - hopefully a more knowledgable(sp?) member will pop by soon with more help. My heart goes out to you & your kids!

  6. #6
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Changing From Non-custodial To Custodial Parent

    I doubt you will get a change of custody. The fact that the kids want to live with you are worthless, due to their age.
    You should however, file for a modification...
    What you want is "Right of first refusal". (ROFR)
    That means, before she drops the kids off at a babysitter, she must call you, and ask YOU if you want to watch them, instead of a babysitter.
    Seeing as how you live so close, I highly doubt there's a reason for you not to get that added in. Make sure you put in specifics, like, she must give you 24 hours notice or something.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 2
    Last Post: 07-10-2011, 07:53 AM
  2. Change of Domicile - Custodial Parent Job Offer and Non Custodial Parent Unemployed
    By tresmilagros in forum Child Custody and Visitation
    Replies: 1
    Last Post: 03-30-2011, 12:59 PM
  3. Can Custodial Parent Limit Non-Custodial Parents Visits B/C of Childs Age
    By Rossettastone in forum Child Custody and Visitation
    Replies: 1
    Last Post: 11-04-2009, 09:59 PM
  4. Non-Custodial Parent Trash Talking Custodial Parent to Child
    By mom2four in forum Child Custody and Visitation
    Replies: 2
    Last Post: 09-10-2008, 11:58 AM
  5. Custodial Parent Gave Up Rights but Non-Custodial Parent Did Not Consent
    By keiwana1 in forum Child Custody and Visitation
    Replies: 2
    Last Post: 11-16-2007, 12:16 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document