If i have primary custody of my child but she is staying with her dad and he wants to file in court for full custody, does my primary custody paperwork still stand until we go back to court? Do i still get my visitation rights?
2 Answers from Attorneys
Yes, you and your ex cannot change the order by agreement. The order stands as written. You have primary custody. After court, if her Dad is awarded custody you can get visitation rights. If the chld is older, she may have a choice as to whether she wants to visit. You really need to consult a family attorney.
Parents can change a parenting schedule but only the Court can change custody and child support. If the father is awarded primary custody, you will become the payor with regard to child support. I would urge you to schedule a consultation with a family law attorney and bring in your prior order(s) for review.