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    lhahn2057's Avatar
    lhahn2057 Posts: 1, Reputation: 1
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    #1

    Dec 17, 2007, 03:20 PM
    Ex-wife wants children back.
    I am a single father of 3 boys. My ex wife and I divorced three years ago at which time we had a 60/40 split in visitation where she was the primary care giver. One year ago my ex-wife was having a difficult time with the boys and wasn't meeting her responsibilities to them. She signed the boys over to me and for the past year we have had a 70/30 split with me being the primary care giver. I have met my obligations to my children and they are cared for. This is reflected in their schooling and all aspects of their lives. My ex-wife married again in June of this year and has failed to pay child support for 6 months. When I told her she needed to meet her obligations to the boys she told me she couldn't and that she was filing for bankruptcy. I decided to report her to Child Support Services. I gave her a courtesy call and let her know she had been reported and two days later she file a motion for an Order to Show Cause. Now she wants the boys back and she is arguing that I am a single father with no support here in California. Now she is saying my job is too demanding (Police Officer) and that she is unemployed and married and can be a stay at home mom. Meanwhile I have a nanny who watches the boys while I'm at work. My situation has not changed since she signed the boys over last year. I was single then and I am single now. I had a nanny then and I have the same nanny now. I was a cop then and I am a cop now. The only thing that has changed is she got married, filed for bankruptcy and is out of a job. Can this be defended? What are her odds? Will I keep my kids? Sorry for the long post but the situation is a mess. Thanks in advance for your responses.:)
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 17, 2007, 03:29 PM
    I think she is grasping for straws trying to make you worry that she can get them off you.
    You say everything is the same as when you were given primary custody so she has no grounds to prove otherwise. She is probably desperate simply because she is behind in child support and figures getting the kids is her way out of paying child support. I think the bankruptcy can work in your favor as far as her financial abilities.
    You could bring up that she can't afford to send child support so how does she figure she can support them with her. Also You need to point out that for them to go with her would uproot their stability since they are use to their community, friends, school and being with you.

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