It seems to me that he doesn't want to be with her and pay more for child support. If this is the case, then he needs to file for joint custody and everybody wins. More brothas have to learn and understand the law, before they get themselves into these situations...
Joint Custody
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:
joint legal custody
joint physical custody (where the children spend a significant portion of time with each parent), or
joint legal and physical custody.
It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around.
Joint Custody ArrangementsWhen parents share joint custody, usually they work out a schedule according to their work requirements and housing arrangements and the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement. A common pattern is for children to split weeks between each parent's house or apartment. Other joint physical custody arrangements include:
alternating months, years, or six-month periods, or
spending weekends and holidays with one parent, while spending weekdays with the other.
There is even a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out, spending their out time in separate housing of their own. This is called "bird's nest custody."
Pros and Cons of Joint CustodyJoint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent.
There are, of course, disadvantages:
Children must be shuttled around.
Parental noncooperation or ill will can have seriously negative effects on children.
Maintaining two homes for the children can be expensive.
If you do have a joint custody arrangement, maintain detailed and organized financial records of your expenses. Keep receipts for groceries, school and after-school activities, clothing, and medical care. At some point your ex may claim she or he has spent more money on the kids than you have, and a judge will appreciate your detailed records.
.................FINGER