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Old 01-03-2015, 07:43 PM
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Rioe Rioe is offline
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Join Date: May 2010
Location: Ontario
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She may be able to argue that she was under pressure to sign it. It may not have been pressure from YOU (ie, coercion), but she certainly felt that she had no choice but to agree to give you full custody so that she could get out of her financial bind.

It makes you both look bad. She sold her custody of the child to you for money, and you took advantage of her desperate circumstances and agreed to it. You kind of created a monster, to be honest. You bailed her out financially, which gave her the idea that you are a source of money. She's obviously incapable of paying the money back even if custody changes back.

Why not suggest that the custody go back to 50-50, but that the money you gave her to avoid eviction be considered CS paid in advance, not a gift. Treat it like the full custody you had for a while was a temporary arrangement while she got back on her feet. Tell her that based on how it turned out, you prefer not to do things this way, and that it won't happen again, so she should live within her means. If she can't get her act together and gets evicted, don't rescue her. Just offer to take the child full time for a while again.

As for her schedule, that sucks too but it is her problem. Try for a 2-2-5 schedule, that puts the child with her on her W-T days off. Maybe you can also slip a Right of First Refusal into the new agreement that puts your son with you while she's working on her weekend, instead of in a daycare.

Or, you could try to rely on a four month status quo of you having full custody and argue that it's not in the child's best interests to change it back.
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