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My husband has joint custody of his children and they live

with us 1/2 time (every...
My husband has joint custody of his children and they live with us 1/2 time (every other week) throughout the year. Recently his ex-wife moved into her parent house and plans to have their oldest daughter live with her mother in an apartment on the property. Our understanding is that the children are supposed to be with her for an equal amount of nights to be considered joint custody. We wonder if we have grounds to take her back to court to reduce child support since one of the two daughters is not sleeping under the same roof as her mother and sister?
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Answered in 5 minutes by:
4/1/2011
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,

Thank you for your question.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Typically this would not be cause for reduction in child support. However your husband can petition the court to pay the child support that he would pay for the eldest child directly to the grandmother
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Customer reply replied 6 years ago

Can my husband petition the court for more time with the girls if he feels that if they aren't going to live with their mom they should be with him?

Absolutely.

The law presumes that it is in the best interest of a child for that child to be with a parent rather than with a guardian or third-party custodian-- even if that 3rd party is a grandparent or other relative.

You could then use the additional time as a basis for modification of the support
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
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Ellen
Ellen
Ellen, Lawyer
Category: Family Law
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