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Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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whats the guidelines for primary residential custody

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my wife and her ex boyfriend went to court and had paper work signed saying he was the primary residential custodian and also that she would get the kids during the summer and he had them for the school year. But this was only until she got moved to where she was going and got settled in then they both agreed to change the paperwork, now he is backing out and says he wont sign or agree to the new paperwork. My question is there anything she can do without going through a custody battle and how could she do it. Any advice would be helpful. Thankyou

EM1 Luckey


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 Instructions

I wish you the best,


Walter and 5 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Thanks for the answer, I guess if she keeps them longer than the summer then she would get in alot of trouble right?


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.


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