Q: Realistically, can my husband get primary custody of his 6 yr old daughter who's mom doesn't work?
My husband and I live in an apartment. His daughter always wants to be with us. It gets to be point where she used to cry when she had to go back to her mom (but lately her mom has been letting her spend extra time with us). She's scared of her mom and is always telling us she spanked her or that her mom screamed at her. My husband has been wanting primary custody of her for a long time, but doesn't think he will get it and doesn't just want to waste $$ on this unless there was a good chance. His ex just let him know that she won't be working anymore, and he just received a letter for a modification where she will get more $$ and the amount is crazy!! She can't live without the income. Can we get custody of her? Just primary. He wouldn't even charge her child support. He just wants his daughter happy and it's usually with us.
A:
Your husband should immediately contact a local family law attorney who can file an answer to the mod on the child support
modification. The attorney can also review all of the facts of the case and give you advice as to how to proceed with changing the primary possession order.
Be sure he hires an attorney to file an answer so that she does not get a default order Child support calculations are based on his income, not on what she needs to support herself, so if his support payments are in line with his income, she is not likely to be successful.
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