Hi. I am the father and my children have been asking to live with me. I currently get them every other weekend and in the summer for 10 days or so and around holidays. They live 2.5 hours away and would have to change schools etc. They have asked numerous times and I have decided to ask the mother now. Her response was not good. The child support check to her from me is a big portion of her total income per month. There are reports of some minor physical abuse- scratches, nail marks etc. The kids are 14 and 12. The mother has a history of domestic violence and anger issues and there was a 50-b against her a few years ago and she had to attend anger mgmt classes etc.
With the above said, how difficult would you thin it would be to change custody in this situation? Would a judge listen to their testimony? Her housing situation is very unstable- place to place- breaking leases etc. I own my own home and have the room for them. Schools in my area are really good. In hers, not so good. I really think they would flourish here. They keep asking me and I feel I must do something. What kind of dad would i be if i did not?
Also, who pays her legal fees? Would I have to? I can afford an attorney but I doubt she can. We have been divorced for 5 years. Kids have been with her since separation.