You would file with the courts for primary physical custody, since your custody arrangement was by agreement instead of court ordered. The court would then go through the whole custody process as though you never had an agreement. The agreement can be used in court in terms of how long it has been followed, but the court would base it’s decision on what is best for the child. As far as this goes, her moving in with her boyfriend and taking the children away from the schedule and area they are used to, will not look good for her in court…
I am assuming there is not already a court action pending, if that is the case you would file a complaint in Civil District Court and it would be a Complaint for custody.
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Helena M. Nevicosi
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My Ex and I have a signed and notarized custody agreement that defines our shared custody and states “neither party shall relocate the children more than 25 miles from the other party.”
Earlier this year, after having both lived in the same county, she moved into her boyfriend’s house with the kids some 50 miles away.
In what kind of court would I file a complaint and what would the headline be?