Wednesday, November 24, 2010

Is there a way to legally change custody situations temporarily?

My husband and I have physical custody of his daughters but in the summer time they go stay with their mother. We live in California and she lived in Las Vegas. The first summer they went and everything was fine, the second summer she moved to Arizona, but we didn't change any court docs. Now this summer she moved yet again to Nevada, still haven't changed anything- but she has decided to take them to West Virginia for the rest of the summer to visit her mother who is dying of cancer. She has no job, no car and the girls have never had a bed of their own when they go stay with her. She hasn't paid child support ($200 a month total) or half of child care since December of last year. How should we go about getting things changed? We don't necessarily want full custody- we just want her to get her life together so she can start being able to care for the kids. - Meaning, we don't think it's good for our kids, there's no structure when they are with her. Is there something we can do to legally to stop her from taking them next summer? Don't get me wrong, we don't want the kids to NOT see their mother, but the mother needs to get her life in order, and prove to the KIDS that she can care for them financially, emotionally and physically.Is there a way to legally change custody situations temporarily?The court will not restrict her from having the children over the summer due to not paying child support. You would have to prove that she is negligent and cannot care for the children. If you do so this WOULD prevent her from seeing the children which is what you do not want. The court will not allow her to keep the children if she were deemed negligent therefore giving you full custody. It doesn't sound worrisome that she is temporarily moving to take care of her dying mother. Who wouldn't do that if they could? Are the kids happy when they are with her? I'm sure there isn't structure when they are with her, she is probably so relieved to have them after being seperated all year. And 'structure' takes practice which you can't do if you don't see them 9-10 months out of the year.



It's not such a terrible thing to sleep on the floor as long as you are being cared for. And many women do not have jobs or cars and are not seen as bad parents. I was raised in a very poor home and spent most of my childhood years on the floor, but we were happy! A mattress does not a happy home make ;-) Good luck!Is there a way to legally change custody situations temporarily?she cant see the kids if she doesnt pay child support. or at least thats my understanding.