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My fiance's exwife is threatening to take him to court to change the custody agreement from 50/50 joint to her having full custody because she wants him to pay more child support. My question is; what do we need to win a counter-suit so that we can get the kids instead?

We have concerns as to the children's education and there are major differences in parenting styles. She seems only to be interested in this in order to get more money; whereas we are interested in the children and what is best for them. I need to know what kinds of things the judge will be looking for in order for us to have a strong case. So if anyone has been through this, please let me know what types of evidence is needed to prove that our home would be seen by the judge as the better choice.

Answer Question

Asked by Anonymous at 2:18 PM on Nov. 22, 2008 in General Parenting

Answers (4)
  • Full custody is very hard to get. A judge is not going to take away joint custody unless one parent is unfit as in neglectful or abusive, so I wouldn't worry about it unless you and your fiancee are either one of those things. Full custody means that the other parent has no say in how the child is raised and usually only supervised visitation rights.

    Answer by Anonymous at 2:35 PM on Nov. 22, 2008

  • Ok so I am guessing what shes asking for is that you no longer do the shared custody and instead she has primary custody with visitation for you guys eow? That isnt full custody and if the children are school aged she could get it. Just hire a lawyer and get ready for bashfest 2008-2009 because anything and everything good and bad you ever did in your life is going to come out. Good luck!

    Answer by Anonymous at 2:44 PM on Nov. 22, 2008

  • That's a very hard thing for a father to achieve. Try asking her how much more she wants and working things out behind the scenes first. Otherwise I wish you the best of luck, my brother is dealing with the same things.

    Answer by xxhazeldovexx at 3:57 PM on Nov. 22, 2008

  • If you are so concerned about the children's welfare why did your husband wait for his ex to petition for full custody?

    Answer by Anonymous at 8:45 PM on Nov. 22, 2008

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