An order was in place for custody and visitation. We moved back in together 2 months later. We therefore did not follow the order. 3 years after that I was kicked out of the house (while they remained in the marital home with the kids) and I had to live with family in a neighboring state. We stayed separated for a year and obtained a divorce.
In regards to custody of the children:
I want to seek primary custody.
We did not follow the original order due to the fact we lived together in the marital home and resumed family status. Do I:
motion to dismiss original order because it is not valid, me one one state and they are in another,
file a new custody/visitation complaint after the first is dismissed, or
even though the original order is of no use, file a complaint to modify the original order , and seek primary custody in the modified order ?