Ex wife is causing the kids to live on the street What do i need to do to get custody

[Joe Ferrante]

I have a house in florida it is totally in my name. The wife resides in it with my kids. My two wonderful boys. Here is the problem. SHe is not paying the mortgage on the house because it is not in her name so my credit is taking a nose dive. was in great standing with credit. now i cant get a 500 loan to pay my lawyer off. What can i do. the house is getting ready to recieve a letter of foreclosure and we havent even gone to court yet. My main concern is not the credit or the house or her it is the kids. If she can not or is not willing to worry about something as important as the mortgage that keeps the roof over the kids heads then she is not fully fit to keep the kids in my opinion. she has the money i give 1300 a month for the support and maintenance of the kids and household. yet she stores the money and has not paid any of the bills that the money was intended for. I could understand if she was getting the kids things they needed like braces or other things. the kids are 5 and 2 and i feel that I am more financially stable to support them and take care of them. How do i go about getting full custody of them. I live in SC so it would be a major adjustment for them but it would ultimately be better for them in the long run. The school is a A+ school and the area i live in is better off then most. No gangs or drugs that i know of.

I guess what i am really asking is do i have a leg to stand on or should i give up on my trying to get my kids. I am not rich and now with the house going in foreclosure i have no credit to back me. I want my kids here with me really bad and I am going to fight for them even if it is a losing battle but how do i start with the fight. do i bring this in to play about not wanting to pay for the house or do i file bankruptcy and let the bank have the house back. essentially kicking her and the kids on the street. I dont want that either. She is doing this on purpose to show the court she needs alimony to support the household when she makes more then i do at the current moment. I have read a lot of florida statues particularly statue 61 "DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING" and it says a lot about me getting visitation but very little of what i need to prove to get them here with me.

I am at my wits end with all of this. The foreclosure, the unknown child support and if i even have a snowballs chance of getting my kids here for me to be the parental gaurdian.

Any help would be appreciated and any assistance would be even more appreciated.

Joe Ferrante
if you want to call to discuss this I will gladly give my phone number. I work right now from 930pmest to 6am est and dont sleep much as i am doing the crash course on this law stuff.

thanks

[Attorney Howard Iken]

I am sorry but you have gone way beyond the scope of this forum. These are complex questions. You are best off scheduling a free, personalized consultation.