I am hoping to get some advice...my daughter is 7 years old and has been living with her mother since out divorce. At the present, her mother is divorced again and living with someone who my daughter does not feel comfortable with. Beginning in September of 04, they have moved 4 times, changing my daughter's school and surroundings each of those times. From my perspective, it looks like my daughter is only "in her way" judging from her new "party" lifestyle. We have discussed arranging for my daughter to live with me. Can I file a modification if we both agree to allow the child to reside with me? Is it that simple?? Of course along with this is the issue of child support...is that a separate modification? I am just hoping to get this resolved ASAP...any answers or advice would be greatly appeciated.

With or without the mother's approval, seeking modification is appropriate. When you file to seek modification of custody, if you want support to also be addressed, you can ask that it be considered also. If you think the mother will fight the modification of custody, it may be best to seek custody, get the child in your custody, then seek modification of support. Given your concerns, it may be best to seek custody, then after you have the child in your custody, seek to modify support since at that point it is clear that the child is with you and the mother has no entitlement to custody. You can opt to not seek support from the mother if you wish.

I need to modify my child support. At the time of my divorce my ex husband was in jail so we agreed to 100.00 a month but now for the past year he has been making 4000.00 a month. what steps I need to take to ask for more child support and if I need to get an Attorney who much should I expect to pay. He is about to become a father again with his new wife and I heard that it affect my modification. Is this true?