Other observations:
The Original Poster is interested in going to nursing school. I find this commendable; only the timing and collateral damage are problems.
If/when you go, make it a real nursing school at a community college or state college, not one of those as-seen-on-TV schools. Those have A LOT of complaints against them, such as the students never setting foot in a real hospital. (The result is that no one will hire this paper nurse.) When in doubt, go to the place you want to work and ask the nurses what schools give a nursing degree that their hospital will respect.
The OP has parents in Arizona who were great role models to her and would make good role models for their grandchildren.
The OP feels rather badly about maybe couch-surfing at Grandma & Grandpa’s house while pushing 40 years old.
Listen to that voice.
My suggestion:
Grandparents should have their attorney draw up a few documents. (Even if it’s just photocopies out of the complete Nolo law series.)
Both parents sign these documents.
These documents give guardianship custody of the grandchildren to the grandparents.
The grandchildren move in with them.
The grandparents want to help? Let them. But cut out the middleman. The grandparents would need to change their tax status to Head of Household. They would need the ability and legal right to write off the children as tax dependents.
As US citizens (and as elderly people), they would be eligible for subsidies on
Healthcare.gov insurance for the children. They need the legal authority to get medical care for the children.
They may be eligible for hardship breaks for Catholic school tuition. Even if they’re not, they probably live in a decent school district. The longer this is delayed, the harder it is for the children to adjust to a new school.
Only the children.
If one or both parents try to move to Grandparent Land, then yes, you could be looking at serious legal issues. The OP’s husband left behind could even be positioned as the injured party! After all, he didn’t leave you.
Also, if one or both parents try to move in with the grandparents, it might render the grandparents ineligible for the financial tax breaks I’ve just listed. Such breaks are intended to help them help the kids. A parent living in the house could disqualify them for everything!
Mom and Dad, stay where you are. Work on your marriage in private (i.e. away from the children and the relatives).
Mom and Dad, see what your issues are without the children to hide behind. Now you don’t “have to” have this big house for the sake of the children. Your hours don’t “have to” be specific hours to care for the children.
If the two of you still want that lifestyle, you’ll find a way to fight for it. If you don’t, then you’ll both be there to dissolve it and downsize. Maybe use the profits to go to nursing school. Maybe start nursing school right now. It’s one thing for the children to be hungry, smelly and dirty; it’s another thing for an adult to be so. He may be cranky, but he will survive.
If worst comes to worst, you’ll be couch-surfing in the state where you now live. I would suggest that neither of you move in with the grandparents unless you are hit with an illness or natural disaster.
Now, you may ask yourself why any parent would sign such a guardianship arrangement. After all, they probably both love their children. This is one of those times when love isn’t necessarily enough. (See
The Glass Castle by Jeanette Walls. They loved their children, but that wasn’t enough to make them take care of them.)
In real life, I knew a couple who divorced. The man signed away all parental rights. All rights, forever. He knew if he did that, he would start his new marriage with a clean slate and the courts could never touch him for child support. (May I add that the abandoned wife’s new husband hustled round and legally adopted those kids immediately.) Some years later the missing dad began making rounds of his old life. Apparently he joined a 12-step program and was making amends to all whom he had harmed. I don’t know if he found his children (now adults with children of their own, no doubt). But I expect he probably did.
All I propose is a guardianship and change of custody, not a renunciation for all time. I think it may be in the best interests of the children to live in a stable home with good examples. Whether or not the parents fix the real problems (the kids are just a smokescreen), they can still visit.
Just a thought.