Family Law Questions? Ask a Family Lawyer Online.
I am sorry, I do not have good news. Since he was granted primary caretaker, he is not required to change it back without a court order. Any agreement they made would not stand up in court as it was not approved by the courts.
You will want to petition the courts for custody based on the best interest of the child. I would advise you to hire a lawyer as they can get a emergency hearing in quickly and see if the judge will grant you custody based on the living arrangements of the child.If this is not a possibility to hire a lawyer you will need to take a trip to your local law library and pick up custody forms. Fill them out completely and submit them to your local clerk of courts office with the filing fee's. The clerk will help you get the paperwork needed to serve the father and will set up a hearing for a temporary custody order. Once that is granted the courts will set up a home study and if you are approved it will go back to court for a final order.
You can also purchase a software packet online that will download to your computer complete with instructions with filling out the forms and filing them with the state the child is a resident of here: State Specific - Custody/Visitation Modification Forms with InstructionsI wish you the best,Walter
Yes, if she keeps them over the visitation time then he can ask the courts to hold her in contempt as well as charge her with parental kidnapping and ask that her visitation be revoked based on her actions.