Can my ex-wife file for a modification of child custody whenever she wants even though I have primary custody of our children?
Our decree deems me the primary custodian but the kids have been living at their mom’s house the past few months as I work things out with my current girlfriend.
Can she just decide to file a custody modification whenever she feels like it or does there have to be a valid reason?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
Your ex-wife has the right to file for custody of your children at any time. This does not necessary mean she will be granted custody.
You indicate that your divorce decree grants you primary custody of your children. The court may modify the primary custody of that order if the modification would be in the best interest of you children and the circumstances of your children, you, or your ex-wife have materially and substantially changed since the your divorce, or if you voluntarily relinquished the primary care and possession of your children to another person for at least six months.
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You state that you are letting the children stay with your ex-wife for a few months until things settle down.
There is a possibility that this may be interpreted as a voluntary relinquishment of your children to your ex-wife, especially if it has been at least six months since you allowed your children to stay with you ex-wife.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.