I was looking at the diy legal aid divorce package and it asked about the kids. My ex has primary custody, yet kids are with me 5 days a week, all holidays, and all but 1 week of the summer, as well as i handle all doctor/dental/eye, therapy apots, tutoring, and extracurriculars. Because of that, do i put they reside with my ex because he has primary custody, or that they reside with me because for the majority of the time, they do? Thanks.
I don’t understand how he has primary custody if the children live with you primarily. Are you referring to some paperwork that simply says “primary” but then dictates another schedule? Or are you talking about primary legal custody? If you are filling out paperwork that requires this information, you should put where the children reside and why you believe he has primary custody anyway.
Ex has primary physical custody, we have joint legal. Ex demandd primary physical and filed false claims of abandinment, told me he would make sure i never saw my kids again if he didnt get what he wanted. His reason for wanting primary was he would never pay child support. He lives in a mid 80s trailer with 3 bedroomsband 2 bathrooms, but one of the bed and bathrooms are not usable due to holes in.the floors. I have a new 4 bed 2 bath modular home, within walking distance of family ready for the kids. Plus i could get them to school,.therapy sessions, doctors apts, tutoring, karate, and my girls could join the school band and play sports. My ex does not allow them to, and i am all for it, as.long as grades are up. What justifies substatial changes in a court case?
Whether a substantial change has occurred is in the court’s discretion. If all of these changes in your living situation have occurred since the initial order was entered, you may have a good reason to ask the court for a modification. You should have a consultation with an attorney in your area to discuss your case and determine your best course of action.