I was divorced in 1996 in the State of Maine and still live here. My X-wife has custody and is the primary resident parent of two boys, ages at the time, 11 and 12. Now, these two boys are interested in moving into my new home until they graduate. They will still go to the same school system. They are now 13 and 14. Can this be stopped against their will? I pay full child support to the state, which is deducted from my paycheck each week. Will this support be canceled? Can I request child support from my X wife?
To correctly answer your question, I must know whether you entered into a Separation Agreement upon your divorce and was custody of the children given to your spouse. If so, the children would not have a right to decide on their own where they wished to reside.
To change the residency arrangement, you would have to make a motion to the court to amend the custody decision, which was rendered upon your divorce.
If the court consents to your being the primary resident parent, then you could apply to the court to have your spouse contribute her share of support of the children.
If you are serious about altering the custody arrangement, you should contact an attorney experienced in matrimonial matters who can assist you.
Leonard M. Weiner, Esq./Divorce Solutions