My kids father lives with his parents and his fiance with my four kids and their 1 yr old and her 2 kids plus their is two more adults and one more child. My kids all sleep on air mattresses in one room amd have been for over a year. Their dad isn't raising them their grandparents are. He sleeps all day and his mom picks them up from school and drops them off. I was wondering if I could get primary placement because I have my own place and my kids have their own rooms here. I get calls about them not getting picked. Up they don't go to the doctor or dentist. Etc. It has been two years since our agreement was set.
One would need to know why you agreed or it was court ordered for him to have custody in the first place. The law presumes that things should be left as is; for you to modify the placement orders, you will need a very compelling and substantial reason to do so.
Custody refers to the ability to make legal decisions for the children. Placement refers to where the children are physically. If you wish to have primary placement of the children, meaning you want them to reside primarily with you, you would have to file a motion to modify placement with the court. You will need to show there has been a substantial change in circumstance since the last order. You can certainly let the court know your concerns about the lack of space for the children and dad's lack of involvement.
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