Switching Custody Arrangement Before Court Approves?

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Naomanos

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The first part of this post is what was supposed to happen and I was wondering if I was doing the right thing. Below the line is the second part of what happened last night when my wife and I picked the kids up for the unofficial swap and signing of the temporary agreement. The first part is what I had started writing last night before we went to get the kids.

I am rather frustrated because if this was her plan to begin with, it could have been done months ago and likely finished by now.

First part:

In our child parenting plan, it says that a written agreement can be written up to temporarily change the chains parenting plan.

Would this be okay to do until the judge approves the change in the child parenting plan and makes it official?

My ex-wife and I are in agreement that it would be better for me to have the kids and we’re just swapping who has them the majority of the time and who has them every other weekend. I have written up an agreement outlining this swap until the judge approves the motion in court.

We’re thinking we want to give them over the summer to adjust to living with me and my wife full-time as there are differences in rules, parenting, schedule, etc instead of having them do it while trying to adjust to starting in a new school with new kids.

We also have it in this written agreement that she will give me the child support that I pay her each month, until the court approves the change in that as well.

Is this okay? I will need the money that I give her each month to be able to provide for them. I mean if I don’t get it, my wife and I will figure it out, but we’re hoping to get it from her and that it won’t look bad or something. I am also not going to ask for child support from her once everything is official. She is on disability and I want her to have enough to care for the kids when she has them.

We’re doing all of this without a lawyer as I cannot afford one.

I am not looking for legal advice, just wanting to know if I am doing the right thing.

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Second part:

When my wife and I went to pick up the kids last night, I was told by her husband and my ex-wife that they have sent in a request to a free lawyer service to handle this custody swap.

Her reasoning is that she feels she needs to do it for closure. She wants to feel like she is giving me the kids and I am not taking them from her. She also stated and her husband agrees, they want to be sure that she isn’t supposed to get child support and that I am not trying to get one over on her. I tried to explain to her that she will only have them about 75 days a year and when I did the child support calculator based on this number which includes her every other weekend and holidays (she has never wanted them on the holidays as she never did anything for them and I could and always did), that she would owe me over $300.00. I reiterated that I do not want child support from her, I just don’t want to have to pay child support, as I will need the money I was giving to her for child support to care of the kids.

She also felt that I got one over on her when she divorced me thinking that she should have gotten more child support from me. I was getting them every week three nights a week when we were divorced. Based on my income times 40 hours a week imputed on me because I only had a part-time job at the time meant I was only supposed to pay $69.58. I chose to give her $100 a month then. I also had our daughter for a year so she could go to school while living with me and I never went back to have the child support changed. She never really understood who I was when we’re together I guess.

So, now instead of it being done and over with before school starts, it may be several more months afterwards.

I kinda just wanted to get this off of my chest so to speak. You can comment if you feel like you should and tell me what your thoughts are.
 

TitusTwoWife

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She wants more child support and less time with the kids at the same time? Think about how that doesn't really make sense. I think you are thinking about it. Trust your gut on this one.
 

Naomanos

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She wants more child support and less time with the kids at the same time? Think about how that doesn't really make sense. I think you are thinking about it. Trust your gut on this one.

I may have not explained it well.
She is not looking for more child support. She is looking to just keep getting child support. She hasn't said how much she wants as of yet. Her thing is that they are going to lose food stamps, so they will not be able to get food. My wife said that what they aren't realizing is that with the kids not there, their expenses will be much less. Their electric bill will come down, their food bills will come down, their water bill will come down, there transportation costs (gas) will come down, etc. They won't have to buy school clothes and supplies anymore. They will be there 4 days a month, and maybe some holidays, but she hasn't wanted them before during the holidays.

What we're hoping is that the lawyer is just going to tell them I will take the case, but that there is a chance the judge will award their dad food stamps.

Trust your gut on this one.

Almost always!