That is dependent of evidence. Consider counter filing for Bird Nest Custody. See link
SEE LINKS BELOW
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
Primary residential
Primary custody is generally defined as belonging to the parent with whom the child or children reside with the majority of the time. It does not mean that it cannot be a joint custody arrangement as well.
yes..
No If by moving the party means a move within the jurisdiction of the court that mandated the custodial order, then yes, you may relocate. If the question refers to relocating outside of said jurisdiction, the primary custodial will need the written notarized permission of the non primary custodial parent and/or permission from the court.
The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.
File a motion to modify
No
Well, this is actually a little complicated to answer since the question is a little to vague. So let me see if I can break this down: Let's talk about the long shot scenario: You are the custodial parent and you want your child to attend school in the same school district as the non-custodial parent; you are now going to have your child move in with the non-custodial parent so they can attend said school. So, the answer would be yes, you will have to give up primary custody of your child in order for them to live in the non-custodial parents home. This is what could happen: a. Adjust custody order to reflect joint custody; have visitation rights. Just understand that whoever has more "nights" with the child each year will be considered the custodial parent. As a non-custodial parent, you could be obligated to pay child support. b. Adjust custody order to reflect that non-custodial parent will have primary custody of your child. They will now be the custodial parent and you, as a non-custodial parent, may be obligated to provide child support. Easy scenario: You just want to move to a new school district, and as the custodial parent your child naturally moves with you. Then, no, you do not have to give up custody of your child. What you must do is provide the non-custodial parent with your change of address as well as a new home phone number if it changes.
If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.
Full custody is defined as one parent of a child having sole control over a minor child with the other having no custodial rights. Primary custody means that both parents share custody (also known as joint custody) but the primary custodian is the parent that the child spends most fo their time with/lives with on a regular basis. In other words, the parent that is not the primary custodian is the one that has the visitation rights.