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Ex-wife Wanted To Give Me Temporary Full Custody.

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Location: Tennessee

Hello,

I have been divorced from my ex-wife since 2016 and we have a final divorce decree that also includes our child custody agreement.

We share 2 boys 5 and 12 and have 50/50 custody. I pay child support to her monthly.

I know she has been having financial difficulties for a few months if not a year or more now. She had lost her job earlier this year and got another job which I roughly believe she lost about 1-3 months ago. She has tried to keep this hidden from me by telling our oldest not to say anything to me about it but we have a good relationship and we talk alot.

I've accommodated her often outside of our custody agreement as she has bounced from apartment to apartment. Our normal schedule is alternating weeks, but during one of these times she had to move further away so to make the drive easier we went to 2 weeks on/off. She contacted me a day ago telling me about her financial problems and how she only had one option. Which was to temporarily give me full custody while she moved back with family in her hometown 3 hours away and easily double the 50 miles radius stated in our agreement while she sorted her financial situation. She had wanted to do a verbal agreement but I stated no and wanted something more concrete and legally binding as she stated I would not pay her child support for this timeframe and she would pay me. She said she would look into it and get back to me.

Well today she reached back out and now she is stating that she wants to move back to her hometown 2 hours away and we go back to the 2 weeks on/off and and i meet her halfway. I immediately told her no as I don't want to deal with this situation like before again and this was much further that the previous time. In addition this unstable situation she keeps putting my boys in is the biggest factor. Because my boys will have to go to school but they cant go in my district nor hers as the other parent wouldnt be able to take them since its two hours away. she said we could enroll them in a homeschooling program which i had tried to get her to do since my oldest has been having some problems in school. But she immediately denied my request. So my partner and I have been driving both boys to school every morning during our time and picking them which equaled about 3-4hrs daily due to traffic, as there schools are about 40 mins away from our home. They have missed at least 10 days of school each while with her, while she lives less than 5 minutes from the school. She only wants to enroll them into homeschooling now because it fits her current plan. She kept pushing saying it would work and why was I being difficult. I didnt want to get into an argument so I just reiterated my stance both verbally and then after the call ended through text clearly stating I do not agree with this change.

I am already attempting to find a lawyer but I was hoping to get advice in the interim. I know she has no other choice but to move back to her hometown as I have a strong feeling she is going to be evicted from her current place. If she does this she would be in breach of our agreement.

1: Do I continue to pay child support while she is in breach of our agreement? 2:Should I call the police if I find out she is attempting to leave with my boys? 3: If she does go back to the original idea she had of giving me temporary full custody would a notarized agreement be sufficient in the eyes of the court to uphold and avoid any problems for me if I didnt pay child support, as long as it was stated in the temporary agreement that i wouldn't have to?

I probably have more questions but this all came out of the blue in two days timeframe. So my mind is racing as I know she probably waited to the very end to discuss this with me, which means she will have to make a decision pretty quickly.

Thank you in advance for any help provided.

submitted by /u/Acrata114
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