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What should we look out for?

IAMGOOD's picture

My husband has had 50:50 custody of his 2 kids for 7 years now. After a long haul of issues/tension and unhappiness with my step son we finally gave him the option to move out and in with mom full time. He asked for this many many times. It was even brought up by a counselor that when he turned 16 he can go before court to move out of our house. Step son has been passive aggressive in our home and started to really create an enourmous amount of tension for all of us in the home. My husband gave him the choice - he took 3 days to think about it - and he chose to live with mom

Is there anything that we legally HAVE to do? I am not looking to have the crap scared out of me - just the facts please. I don't want horror stories as my nerves are quite shattered as it is. LOL

What legally should my husband do? My thinking is to just sit back and let the BM take us to court if she wants. If a judge is going to award more money than so be it. She doesn't spend the money on the kid - no clothing - no sneakers - no shoes.....etc.

SAHsigh's picture

No horror stories, just advice: ask a lawyer. Since you mentioned that DH buys the majority of the things he needs, CS may be something that BM will want. If you're prepared, it may not turn into a big thing in court. Best thing, at least legally, is settle it in a conference so it doesn't get bitter and expensive. If your lawyer tells you not to do anything, don't...

We just had a crummy custody battle and I'd hate for it to happen to you... It hurts everyone, especially the kids. It could even damage your DH's relationship with his son more if it gets out of hand.

Igiveupsotornupinside's picture

Let him go and you might find some peace in your life. I agree with the previous poster on here. I also think you can look at it this way, if he has to pay more in CS it will only be a couple of years. Also if he is 16 he is old enough to get a job for himself. As long as both parents agree to the change in custody arrangements there shouldn't be a problem.

Another key thing, hang on to checks or receipts of all your husband spends on him so that he has that to prove to the courts. My DH did that, he saved everything because the BM we dealt with was money hungry.

IAMGOOD's picture

Apparently she planned ahead and went from makinf 50k a year to about 10k the year before divorce. She was having affair and she and new husband did a lot of financial sneaky stuff. The disparity in their income in mass is why

simifan's picture

I think it would depend on what the CO Said. Assuming he is not Required to take his son; i'd wait for BM to take it to court.