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Ellen
Ellen, Lawyer, Consultant
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what can i do or what papers should i have to prove to judge

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what can i do or what papers should i have to prove to judge that i am the best fit for my kids? i want split custody i just want to choose the schooling.
Hello,

Thank you for starting a new page. Can you tell me more about your situation? For example, what is the current custody order? What are the ages of the children? Where are the children living now?
Customer: replied 3 years ago.

ok, here is the whole story.. We got divorced 5 years ago but then went back to living together until about 5 months ago. there was never a custody order it was all verbal custody. Well i moved to an apartment and then he moved into a house both in the city of wichita about 4-5 months ago. the kids finished the school year in maize which is where they have been most of their lives. Well, i just ended up not being able to afford my apartment rent so my boyfriend who owns his house in haysville asked if me and my kids want to move in with him to save me rent money. i said yes, and so i moved me and the kids in there on july 25th. after i told my ex where i was moving he got very angry because he said he didnt want his kids living with my boyfriend and him raising our kids. so he ended upfiling a motion to change of custody. his affidavit states.


"I think its in the best interest of the children that i have residential custody. Their mom doesnt have a stable job or residence at this time. She is trying to alienate and estrange me by moving out of the city with a man shes been dating for 2 months."


thats all its says. My kids are 7,10, and 14. we have been sharing custody since we broke up these last 4-5 months but when school was in session they would stay with me during the weekdays so i could take them to school and such and then go to their dads for a few hours everyday after school. I have already enrolled them into the new school and have their address as mine. I just need some advice as to what i should have prepared to rebutt his affidavit and prove to the judge they are better off with me during school than their father as i have always been the one to deal with their schooling. o and i only moved 11 miles away from their father just outside of the city of wichita.


 

Thank you for the response.

When a divorce takes place and there are children of the marriage, the court is required to issue a custody order. Therefore you may want to take another look at your divorce paperwork. This is important because the party wishing to change the existing custody order has the burden to prove that there has been a change in circumstances such that it is no longer in the children's best interests to continue custody as originally ordered.

Assuming you can not find your paperwork or there is no custody order, a typical response to the court would be that both you and the father agreed that it was in the children's best interest to reside with you. It is only now that you are living with your boyfriend that he is objecting and his objection is based upon jealously and not the children's welfare.

As far as the accusation that you do not have a stable job or residence, you can explain to the Court that you require an increase in child support to assist you.

Customer: replied 3 years ago.

ok, how could i get access to my divorce papers? is that even possible? also if the father just wont agree that it is in the childrens best interest to reside with me what can i do that can make the judge she that it is?

ok, how could i get access to my divorce papers? is that even possible?

Typically you can obtain a copy of your divorce papers from the clerk of the court. You likely will not have time to do so before the hearing. You may want to strategize by simply asking for a continuance based upon the fact that you did not receive adequate notice of the hearing.


also if the father just wont agree that it is in the childrens best interest to reside with me what can i do that can make the judge she that it is?
1. Both you and the father agreed that it was in the children's best interest for the children to reside with you and his objection now is based upon jealously and not the children's welfare.
2. An increase in child support would assist you in maintaining stable housing
3. You have 3 children and it is a full-time job to care for them and since you put your children ahead of your job, it does affect your job stability

Ellen and 3 other Legal Specialists are ready to help you
Hi Jackie,

I was wondering how the hearing went yesterday? Did you get temporary full custody and a continuance as we had hoped for? Please let me know

Best regards,
FiveStarLaw

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