bm not really a mom
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My husband filed for divorce from his x pro se. She didnt show up so the judge granted him his divorce and granted her custody of the children. Only because my husband did not ask for custody. Two months later, she brought the children to us. They have been with us every since.(six years ago) She gets them from time to time, but provides no support for them. I recently found out that she gets public assistance and uses them to do it. We want to get legal custody. Does anyone know what we should do?
Why didn't he seek custody?
When they were first divorced? Just curious.
I would think if he was able to file for a divorce on his own, he could file for legal custody of the kids especially since he has been the primary caregiver for six years. If you are looking for financial support, she might put up a fight because she doesn't want to pay. Technically, if she has custody of the kids and she's receiving public assistance - she's legal, at least on paper.
Good luck!
"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."
Document
Our attorney had advised us on several times to document. The courts actually look at the notes you keep and I am pretty sure that if he has had custody for the last 6 years then he would be appointed full custody. I think Colorado Girl is right. She will fight to the bitter end because she don't want to pay but wants to live for free.