Q: If my step children's mother moved out of state and left them with us while having a 5050 timeshare do we get primary?
Last year my husband and I were granted 5050 custody of his children. Recently their mother decided to move home to ohio and leave the kids. Does that mean shes forfeiting her 50% timeshare and we get primary custody? Also we are still paying her 70 a month in child support. we do not want to cause problems because the kids are much better off with us, but should we notify the courts that she moved? We do not want her to try fighting for the kids to live up there when she literally just left them to "be a better mother". There has to be some way to anonymously report her so we can have primary and she can pay us child support. When I found out I was pregnant nov 2017 she filed for child support saying we never had the kids when we had them at least 50-60% of the time, we were paying 1100 a month so we got a lawyer and got the 5050 custody on paper and support was lowered to 70 a month. But now she just decided to up and leave "to give the kids a better life" Thank you for any advice
A: There is no way to do this anonymously. You need to return to court and ask for a modification of the timesharing which in turn will cause a recalculation of the child support. Or do nothing, keep the kids and pay the $70.
A:
I would make sure that everything is well documented via emails and/or text messages. I would wait until it's been at least 6 months to then file a Petition to Modify Timesharing and Child Support based on the Mother's relocation. She's already in violation of the relocation statute as that statute requires that if a parent is moving, relocation must be filed in the court. Child support modifications can be done retroactively to the date when the timesharing schedule changed, so waiting to file something simply ensures this is a permanent change. I would probably not recommend any timesharing happening in mom's new location though without a new court order to ensure that she returns the children.
Good luck.
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