If I was never married to my children's father but have made a verbal agreement to have chilren live with him for school purpose but now I want them back, how long do they have to be with me before I can file for legal custody. I never filed for custody before and never had the problems I am having now. I currently have to pay him child support under a court order.
Answered on: 4/13/13, 10:07 am by Robert Sher
You can file for legal custody any time. However, you will have to demonstrate a significant enough change in the circumstances that existed at the time the children went to live with their father to justify the change. Judges are reluctant to disrupt the lives of children unless the current custody situation is bad enough that it would be in the best interests of the children to transfer custody to the other parent.
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