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usldi · Mar 9, 2008, 07:50 AM

My ex-wife and I divorced in 2002; joint legal custody was established, with physical custody going to her. Child support was set to $100 a week; I have been giving $150 a week for the past 18 Plus Months.

My Daughter is now 15 and asking to live with me. She spent last summer at my residence and now with another summer fast approaching, my ex is saying Jessica can not live with me for the upcoming summer. Her Chief complaints are:
1. She had financial difficulty in July and Aug last year due to not getting 4 weeks of Child support, while my daughter was living with me.
2. Jessica is "sassy" when she comes home.

How Can I ensure my daughter is able to make her own decision on where to live?

I do not wish to subject my daughter to an ugly court battle, destroying her psychological well being. My only desires as Jessica’ farther are to raise her in a stable environment teaching the importance of family, education, team work and community.

Fr_Chuck · Mar 9, 2008, 08:07 AM

Sorry, there is no way ( unless you and your ex just agree to it) that the daughter can just live with you. *** and how do you get out of paying child support while child is visiting you, most child support orders do not make that exception, if yours does, you are lucky.

But to get custody of her (physcial) you have to file for it in court, the daughter can testify where she wants to live, but the judge will still decide.
But of course if the mom will just agree, there is no court battle.

ScottGem · Mar 9, 2008, 08:31 AM

You aren't being clear here. Does Jessica want to change the custody arrangement and move in with you permantly or just for the summer? Do you have a court ordered visitation schedule in place?

As for the cessation of support, I gather you are paying voluntarily direct to your ex, not through an agency. You need to check the support agreement to see if you are within your rights to suspend payment during prolonged visitation.

But the bottom line here is what the divorce decree says and enforcing it. If you get 4 weeks during the summer, then your ex can't stop it. But to enforce it you will need to go to court.

If you want to change the custody arrangement then you will definitely need to go to court.