My children's grades are suffering and their volatile relationship with their mother often leaves them crying and begging to live with me.
My ex-wife will frequently say they should come live with me but every time it is about to happen she changes her mind and it's a huge fight.
Should I finally go with a formal child custody modification request in hopes that the evidence I have of the children's wishes combined with their poor school performance will be enough?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
Your children’s grades and the deteriorating relationship with their mother may be grounds to request a modification of child custody or an increase in parenting time for you.
Depending on the ages of your children, they may be able to speak with the judge regarding their wishes for which parent they would prefer to live with, although many judges prefer to keep the children out of the case if possible.
You may be able to present evidence as to the children’s grades, school performance and suspensions, and text messages to support your case.
Can She Do That?The Importance Of Legal Custody
Additionally, you may be able to document the mother’s offers to allow the children to live with you and elicit testimony from the mother as to her previous offers. The judge will then weigh the evidence and make a determination as to what would be in the best interests of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.