I am legally divorced. Our custody agreement is only in draft form (drafted thru a mediator) and has not been filed thru any court. It states that I have primary physical custody and that my ex has our daughter every other weekend, during holidays, and 4 weeks in the summer. My ex and I have not followed the agreement to the letter. We have let my daughter decide, for the most part, how long she will be at her dad’s. Usually, she stays no more that 2 or 3 nights. My daughter is 13 and will be 14 in September. She prefers living at my house. Her father pays me no support whatsoever. I would like to move from Concord, NC to Fort Mill, SC, which is only a 40 minute drive. While she does not like being at her father’s house, she does not want to move and leave all her friends, which I understand. She has stated that if I move, she will live with her father anyway, which of course, breaks my heart. She would then see me every other weekend, during holidays, and stay with me during the summer months.
My question is, if I agree to let her do this, can my ex file to have primary physical custody? Can he also file and win to have full custody?