
Quoting
Chris74
My question involves a child custody case from the State of: Arkansas
I have had custody of my 16 year old daughter for three years. My 14 year old son came to live with me recently on a "trial" basis because of problems in his mothers home, as well as bad grades at school. Both children have the same mother, and we have been divorced for about 7 years. When my daughter came to live with me, a change of custody order was issued, and the judge allowed us to basically do away with child support since each of us had one of the children, and our salaries are similar.
Since my son came to live with me a few months ago his grades have improved, straight a's, and he is doing very well. There was not a change in custody order issued because I don't believe my exwife would have allowed it at the time, and my main concern was just getting my son moved in with me without any problems. I told my exwife I would not require her to pay full child support, but she could just pay what she thought was right. This was a huge mistake. In over two months, she has paid $400 total for two children. Based on the state child support guidelines, she should be paying around $800+ per month. I realize this is partially my fault because I told her she didn't have to abide by what the law stated she should pay, buy I truly expected more of her.
My questions are as follows; Does my son living with me and attending school in my city which is 45 miles from where his mother lives, do anything to establish any sort of custodial change without a court order?? Is there a certain amount of time that can pass and then custody changes by default?? My primary concern is my children and their wellbeing, but it is really starting to bother me that when my kids go to see their mother for bi weekly visitation, she spends hundreds of dollars on designer clothes, fun trips, etc.....but does not pay much at all toward actual support like mortgage, food, utilities, school events, etc. I know I am going to have to eventually get an attorney to make the proper changes, but I don't want to cause my ex wife to simply drive to my home and pick my son up to take her back to live with him because I have made her mad with court paperwork. I am trying to do this delicately and properly, but I could definitely use some guidance. I really appreciate any advice anyone has. Thanks in advance.