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What can i do to avoid custody battle?

6 years ago my wife commited adultery and we divorced yet i cited irreconcilable differences now she's remarried (twice) and i've remarried. In our original agreement we settled for joint custody with no child support now she's wanting me to surrender custody. I'm currently out of work and cannot pay child support can i give my parents temporary custody until a time when i find work and pay the child support? She's not asking for a lot but i just recently lost my job so even not a lot is hard to come up with. If i had the income i once had i'd happily pay more than what she's asking for. This whole thing of asking for support when we agreed i would be paying for their needs when they are with me (they were on my insurance and are listed as my beneficieries on my life insurance and 401K) is a suprise to me and is there anyway i can make sure the money is being spent on my children? I don't want to have a judge ask my kids to choose a parent.

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  • 1 decade ago
    Favorite Answer

    You've got to talk to her. Not talking good will lead straight to court. Settle out of court! But this takes talking.

    No one can answer this with certainty when they don't know the fierceness of her intentions...and neither will you, until you talk.

    If you talk, you at least have chance to settle out of the courts. Tell me, what chance could their possibly be to settle out of the court if you don't talk?

    So, you want to be smart when you talk. So, you might hire an attourney just for some counsel, advice. But even that leads us back to the 1st problem, no job, right?

    So maybe that should be your main focus...get a job, just as fast as you can. This seems to be at the core of everything. With no means to support the kids, you could be handing her an easy win in the courts, if it gets there. If you could at least find employment prior to the trial date...which usually takes time...things will be hugely more favorable for you.

  • Anonymous
    1 decade ago

    Why should you give your parents temporary custody? That is ridiculous. they should be with their mother if you cant take care of them. The mother comes first before the grandparents. I do not believe the ignorance of some of these men answering this question with "hitman" murder, etc... (that really is looking out for the best interest of the kids) If you really try hard to find a job, you will find one. I doubt the judge will sentence you to jail. Stop worrying about the money and think of your children's best interest.

  • 1 decade ago

    if you have lost your job and money is tight now, go to a legal aid office and get the lawyer to petition the court to lower your child support. If you are actively looking for another job, a reasonable judge will not let this short period of bad luck affect your right to parent your children.

    If you can not demonstrate to the judge that you are actively looking for a job and have an earnest desire to financially take care of your children,she may temporiarily suspend your parental rights.

    In other words, If the judge sees that you are actively trying to, "Do the right thing," she will not punish you.

    Hope This Helps

  • 1 decade ago

    i would go back to court and explain temporary out of work, maybe even ask mom and dad to help with the support until your back on your feet. If sounds you weren't the cause of the divorce. The judge will take into account both income and modify the judgment into you get back on your feet as long as you been doing your part all the way along.

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  • 1 decade ago

    Negotiate with your former spouse and settle the child support amicably since you have no work. It is for the benefit of the child to have financial support and you have to sacrifice some pride on this matter.

  • Anonymous
    1 decade ago

    You can't ever be sure it's being spent on the kids. Welcome to child support.

    The only agreement that matters is the one that's written down. "We agreed" means jack to her. Remember, you two agreed not to boink around as well and she blew that one all to hell.

    Here's the thing. They're your kids. You said it's hard to come up with, not impossible. Pay up.

    If you have a 401K, you can borrow from it, yes?

  • 1 decade ago

    she is screwing you over i hate divorce. try to find a job asap!

  • Chrys
    Lv 7
    1 decade ago

    You need a lawyer...

  • Anonymous
    1 decade ago

    hitman

  • 1 decade ago

    MURDER

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