I have been divorced for 6 years.I have shared custody and placement.During the last six years my ex wife has been evicted 8 times,She is currently being evicted as of May 26,2009.My son and daughter are on an emotional rollercoaster.My 12 year old son is failing six grade.In March 2009 I asked for a change of custody for me to have primary physical placement.On May 15,2009 the court and GAL ordered that I have 1 more overnight and said they would review the case again on August 20,2009. My children are everything to me.The court ordered Danielle to give me a change of address within 48 hours. Danielle has called and stated she is moving into a battered women's homeless shelter. Can I take custody so they do not have to live in the shelter with her?
Instead of take I mean fight for custody. She wants me to take the kids for three weeks. She has done this several times in the past and returns whenever she wants them back. I do not want our children to go to the shelter but I do not want my children to go thru this everytime she gets evicted either. I will call the GAL tomorrow morning. What else can I do? Can I force her to sign over physical placement before I will take the children? It seems that the only way to prove to the court that she is not a good parent is to allow her to fail. Unfortunately that affects the children. Worse yet, it seems it is the only way the courts will agree with me. I am between a rock and a hard place. Any other advice?