Sorry, thought it might help to know the background of the situation. Basically he has full custody but the kids have been living with me full time since September 1st and they will be living with me from now on. I've talked to an attorney and he said that the only way custody can be changed is if there are major changes. I figured the kids living with me full time would be a major change but at the time I talked to the attorney the kids were with me more than half of the time and apparently that didn't matter. At this time he's still living in a 4 bedroom house but he's planning to move to a 1 bedroom apartment next month. Would it be better to wait until then? I have a feeling if he finds out I'm doing this that he will keep his current house or find another house for him and the kids. I figured it would look better for me if he was living in a small place where he obviously didn't plan to have the kids.

Hello meg:

No, I didn't read it. If you want me to, leave off the story, and tell me about the LEGAL stuff.

excon

I agree with excon, there is too much here and too disjointed to follow. Get to the bottom line. We know there is a court ordered child support in place. But is there a court ordered custody arrangement?

If the kids are currently staying with you more than half the time, then you shouldn't be paying HIM support. And you should have custody. So file a petition in Family court for full physical custody. You can still have joint custody which means he has a say in how the kids are raised. But you want full physical custody where he can have visitation rights.

Sorry about that, I shortened it :)

I would get another attorney. Then wait until he moves so you have the advantage of him not having space for the kids.

Hello again, Meg:

What he said.

excon

Something doesn't add up here. If he has full custody then why are the kids living with you? Of course, if he does move from a spacious 4-bedroom house to a 1-bedroom apartment a judge could take that as a sign of his intention to relinquish custody to you. You should probably consult with a lawyer as this is probably going to get quite tangled.