Remarried but stay home with kids from previous


#1

No, the financial situation alone is not enough for the court to change custody, in addition the court will not give much consideration to his parent’s income and will be more focused on the care you are both able to provide to the children.

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#2

Additionally, sole custody is rarely granted. After 5 years, he will have a hard time getting custody changed. He would have to prove you are an unfit mother.

The Court cannot “order” you to get a job. However, the Court can impute income to you, but I do not see things changing. It does appear that he might even be making more money now since he has “gotten his act together”. Perhaps that would be a consideration. His parents’ income makes no difference.

Funny. If a “guy” starts a new family, then the Court considers his “new” responsibility and sometimes, recalculates child support based on this “change of circumstances”. Laws. Made by men. For men. Go figure. I think you’ll be all right. I doubt you would be ordered to pay attorney fees for him since he is the one who is instigating this action. But, you just never know what the Court will do. Good luck!


#3

I divorced my husband 5 years ago and have been remarried for nearly 4 years. I stay home to be with my two children from previous marriage when they are with us. Current custody arrangement is every other week. My current husband (children’s step father) supports us profieciently but we still live frugelly due to current economy. I will be a full time nursing student starting in Jan. After I filed a motion for custody due to concern for my ex’s lifestyle, he moved in with his parents and “cleaned up his act”. Since he did so, I dissmissed my case. He then turned around and filed a motion for custody, saying he should have sole custody and he was not shy about why he did so. It is in retaliation for my ending the marriage, remarrying and then filing for custody, calling him out for the reasons I left, hense causing him embarrasment. His parents are very wealthy and are paying for most of his expenses, including atty. fees. In addition to wanting custody, he wants child support and atty. fees. Even though I have not worked for two and half years and need to be available as the point person (as always) for the boys dr. appt. and education needs since their father works 50+ hours a week. Not to mention if I worked and went to school full time, I would have no time to spend with my boys. Is it possible a judge could order me to get a job, drop out of school and lose time with the kids in order to pay my ex’s atty. fees and child support even though the gaurdian at litem for my kids id reccommending physical custody stay the same and considering he lives with his very wealthy parents who provide financial support to him as needed beyond what he can provide for himself?

Erin M Cunningham