Custodial mother has had repeated issues with handling her finances. She neglects take the children to the dentist for much needed dental care. The 6 year old has had 3 teeth pulled due to decay, and most recently it was discovered he has 4 more cavaties. The 4 year old has only seen a dentist while on summer visitation with the father, she has 4 teeth that need to be fixed by a pediatric oral surgeon because they are beyond normal repair. This was in June, and the mother has yet to have the 4 year old to a dentist to repair the teeth. Most recently the mother had her electricity turned off due to non-payment. The father sent the mother money to get the lights turned back on, but cannot fathom letting the children stay with their mother in these conditions. He offered to work outside of court on an agreement so she can get back on her feet, and him take the children. She refused and he now wants to file for a reversal in custody. He's wondering what his chances are. She lives in Texas with the children, he's in Maryland in the Navy. There are no chances he will deploy, or have to leave the children.

At the moment the mother lives in a 2 bedroom town home with the kids, and they boy and girl children share a room. The father's home would provide them with their own rooms.

First off. What is the home state that the original decision took place in? Second if they turn off the lights and you know about it then it might be best to send the police by there for a wellcheck. If the police call children's services then it will all be reported. From there you file what you have to and do what you can to get custody of the children. By law child support doesn't have to be spent on the children. There is no direct law indicating how it is to be spent. Are the children covered by dental insurance at this time?

The divorce was filed and finalized in Colorado. At the time of filing the mother lived in CO, but moved to Texas before it was finalized. The father is a legal resident of Colorado. The power was turned back on before the night was over, because he paid the bill to get it turned back on. I understand that law can't dictate what the child support is spent on, but I assumed it was required for basic food, shelter, and clothing be provided for the children. The children are covered by dental insurance provided by the father. It doesn't cover 100% of the care, but covers exams, cleanings, and at least 60% of any other care that isn't considered preventative. The divorce decree splits out of pocket medical 50-50 after the mother pays $250 for each child. The father has numerous times told the mother he will cover any out of pocket medical/dental expenses as long as she's having them treated.

I understand there will be an issue with transferring the jurisdiction of the case. The father has no preference as to where the case is heard, as both Colorado and Texas are out of state for him. He is going to retain a lawyer in Texas and apply to have the case moved as well as file the motion to have the custody reversed. He was just curious while going through the process of finding a lawyer whether he has a chance.

SInce he is a resident still of Colorado he may be able to use the courts there. He should be able to take his issues back to the original court. He will need solid evidence of what's really going on and not use statements like "I think".