Thank you for asking. Please review the current custody order as it will dictate the course of actions that need to be taken for modification. Most of the time parenting orders have a clause that says if both parents can agree to different custody arrangements than, so be it. Otherwise, you might have to go through mediation or litigation (where the child is now court) to get the custody order modified. The way you presented your question, sounded like you and your ex-husband have no problem getting along as far as communication is concerned, therefore it would be safe to just go with the flow and have him bring the child over with a letter asking you to take care of the child from this point on. What will become of her schooling if she moves? You guys should let her finish her current school year and let her start the new school year at your place. If you like, you can email me the current custody order for general review at smsattorney@gmail.com and I will give you my analysis on it. Looking forward to hearing from you. Good Luck.
Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.
Answered on Jan 15th, 2018 at 1:29 PM