Q: I want to have the custody agreement changed, but am unsure if I have enough of a basis for it in the eyes of the court.
My ex husband has stopped paying child support and last week, refused to take the children (ages 11, 14) due to the fact that he is "broke". He texted me to tell me that he soon will not be able to keep the children on his weekends because he will be getting roommates and the children will no longer have rooms there. Both children are in counseling due to the relationship dynamics they have with their father. One for depression and the other anxiety. He has asked to take the children to see his family in Florida for Thanksgiving break. The children are on the fence about going and so am I. He told them that their Grandfather is not going to live much longer and also, there Grandfather is taking them to Disney. How he afford to do this if he can't afford to take them on his weekend is a mystery to me. (unless his parents are paying) If I let them go and then take him to court to amend the agreement, will that hinder my ability to modify the agreement?
A:
There are a lot of unknowns in this scenario - will dad have a new job soon, will dad actually get roommates, will dad really give up weekend visits, etc. While there is no specific formula for deciding what is a "material change in circumstances" justifying a change in custody/visitation arrangements, it doesn't sound like there is enough here because nothing has really happened yet.
If you feel strongly about it, consider speaking with a local family law attorney about your options.
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