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My ex has become a dead beat dad. I need to modify our custody order... read on for more info. Thanks?

I divorced my ex-husband years ago with agreement to equal time with our kids. We were peaceful and I had (and still have) the boys in mind. They were infants when we separated (They are 10 and 8 now) and the original agreement was joint legal and open everything else. Since the original agreement, he has left the state (for years)... came back.. left again and has been gone for over two years. He filed the original paperwork, which means he spent the money for first paper filing. He's abandoned our children and I want to take full custody. He has not called in months, refuses to give them the time of day, My current husband and I paid round trip to send the boys up for the summer because they live with us but never wanted to deprive the boys of anything...Since they came home, not a word has been said, no phone calls have been returned and they got home over 3 months ago! Shamefully, I had to call the ex's girlfriend's cell phone and text several times to get any type of response. BUT... clearly the care factor on his end is zero.... Like I said previously, I'm wanting to take full custody with child support.... He's been a dead beat dad and I'm tired of it and I'm tired of being "the nice guy". Can anyone point me in the right direction? I need to modify the order but to be honest, I can't afford to pay $300+ for filing fees, after all... school just started and they needed new clothes, shoes, backpacks and school supplies. Got that covered. I hate that I had to even ask this... But.. never the less, your help is greatly appreciated. ~~~~I don't want anything other than cognitive advise, Thank you ~~~~

3 Answers

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  • 8 years ago
    Favorite Answer

    You already have primary custody. The kids live with you. That might already be in your order. To switch to sole custody isn't a fun experience. It's crushing. And expensive. For a lawyer it's about 1500. And there's no guarantee you get the request. The ex will be seriously pissed off with this move and my experience was they get right down nasty, and smear the hell out of you. Be mentally and emotionally prepared for this. Sometimes it's best just to leave things be. There's no winners when family court is involved. HTH.

    Source(s): Personal experience
  • June
    Lv 6
    8 years ago

    You can pay a lawyer off. If i was you i wouldnt worry about getting full custody ,you really already have it .Your x doesnt seem to care whether hes got them so i would just let the years go by. I understand that he should pay you child support but if you and your new husband can afford to live. Forget the child support Its not worth the troublle.. If you want to get for your child support then you have to go to court.

  • Unless you go back to Family Court and ask for a change of custody and put him on CS, you are out of luck...only a family court judge can modify any existing court order. You will have no choice but to spend money to do so...Lawyer or do it yourself, it costs money.

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