I’m in a challenging situation with my ex-wife regarding our kids’ custody and parenting agreement. Recently, she decided to give me full-time care of our children due to concerns that led to a CPS investigation. Initially, she had “full” custody, while I had them every other weekend.
She asked me to switch schedules temporarily so she could improve her housing situation, claiming it would only take a month. However, she has been hesitant to modify the existing parenting plan and child support agreement. While she initially agreed to update the plans, she canceled our court date at the last minute, claiming she couldn’t get a ride.
Now, I’m concerned that she won’t sign over custody or make any formal agreements. I don’t have a car to facilitate her visits, and I’m worried about how to move forward legally.
Take the kids as she requested and go file for emergency custody. This will protect you in case she changes her mind and claims you took the kids without permission. Make sure to get a lawyer or look for free legal advice, which is often available on certain days at your local district court.
Go to court and seek custody. Having an attorney will make the process easier. You might be able to get a temporary order now and then work on obtaining full legal and physical custody later. Since she’s unstable, it’s best not to make deals with her. Let the legal system handle it.
Yes, there’s already a court date set. The dad needs to show up with a lawyer, evidence, and possibly a representative from CPS. He should explain the situation and try to get an emergency custody order. This way, she won’t be able to make his life difficult by calling the police and claiming he’s violating the custody order or refusing to return the kids.
You don’t need her permission to go to court and get custody of the kids. You should consult with an attorney or talk to someone at the court; there’s usually someone available to help. You might be able to file the paperwork on your own, but having an attorney is best. Contact Neighborhood Legal Services in your county for assistance. If she told CPS that the kids are with you, you can explain the situation to them, and they might remove the kids. I don’t understand why you’re hesitating to use the court system, but it’s the way for all parents to secure custody.
File for modification. You will both receive a notice for a hearing, and she doesn’t need to be present for you to file. All the necessary forms are available on the court’s website.
I just want to say that you should keep working toward full custody. Your children deserve at least basic needs like food, clothing, education, and medical care. Don’t negotiate with your ex-wife; she seems to be taking advantage of you and doesn’t appear to be a loving, caring mother.