Father pays child support. Ex wife is claiming she has no money to buy clothes, food, or do the laundry of the children. Can the father fight for the kids to live with him under the circumstance the mom cannot physically care for the children right now?
Answer
If child support is not being used to support the children, then yes - there is a strong argument that the children's best interest would be served by having them live with the other parent.
Answer
If there has been a change in circumstances which would warrant a modification of the current custody arrangement, my advice would be to retain counsel and file with the court. Our office would be happy to assist you. Give us a call at 617-357-4898.
Answer
If Father believes that it is in the best interests of the children for them to live with him, then he should file a Complaint for Modification. He will need to show a material change in circumstances and that it is in the children's best interest if he has custody.
Please contact my office at 617-410-6467 for a consultation.
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