I se
So when I petition the court don't tell the judge I took custody.
Who's on First?
Let me try to make this clear.
As far as your ex is concerned, you never discuss custody at all. You simply say "the kids are welcome to stay here whenever you have other things to do-they're welcome any time. Just let me know when you want me to watch them.
When it gets closer to end of summer, you say "you know, the kids have been in this school for a while and all their friends are here, why don't we let them stay in the same school and they can stay with me temporarily?"
WITHOUT EVER DISCUSSING CHILD SUPPORT OR CUSTODY, you continue to send her the child support check ever month or week or whatever is required. Do not discuss any changes at all with Mom.
Then, after 6-9 months, you file in court for primary residential custody based on status quo. That should be the first time that ex ever hears the word custody from your lips.