how do I file for custody of my kids I have been paying child support for 3 years but there was never set schedule for me to get them but know I have had them for the last month and a half everyday taking them to and from school and still paying child support on top of that I have had them 75 percent of the time since thanksgiving how do I file for custody because I can't keep having them everyday and still pay child support its killing me financially please help me

To modify your timesharing and your child support obligation, you must file a supplemental petition for modification of timesharing and child support.  This reopens the case and it then proceeds like any other lawsuit in family court.  A modification of timesharing and/or child support can only occur if it is alleged and proven that an unanticipated and involuntary substantial and material change of circumstances has occurred since entry of the last timesharing and child support order which affects the best interest of the children.  Certainly, a change in the timesharing arrangements would qualify.  However, it is possible that even though you have the children the far majority of the overnights, you still may have to pay some child support if your income is substantially higher than the other parent's income.  This is because child support is based primarily on (1) how many overnights each parent has with the children, and (2) the relative incomes of the parties. It is the interplay between these two factors that determines each parent's child support obligation to the other.