Custody question


#1

I THOUGHT I was going to be “through” posting on this board since my divorce is final (and I thought my problems would end)! HA HA

Question regarding custody…I currently have PRIMARY custody of my daughter. My ex has “graciously” volunteered to provide transporation to and from her school every day. Could he be doing this to get custody modified? Or is primary custody based on overnights…not just time involved in transporting a child?

Just don’t want him “tricking” me with his intentions being to try to get custody himself.

IF I think he may be doing this, could I draw up an agreement between us stating that he agrees NOT to file for custody BASED ON him volunteering to provide transportation? If so, do I just get the agreement notarized? Would this hold up in court?

I guess I’m just leery of him being “so nice” all of a sudden. He also knows that I could take him back to court for support modification IF I should put our daughter in before/after school daycare.

Thanks!


#2

His transporting the child to school does not qualify as a substantial change in circumstances warranting a change in custody.

An agreement not to file for custody is contrary to law policy and would not be upheld in court.