I have had primary custody of my daughter for 10 years. At the time of my divorce, we did not establish a court order custody arrangement. Since inception, I have had my daughter 75% of the time. Everything has been fine with this arrangement as my ex-husband has a job which does not enable him to provide 24/7 care for our daughter.

I have recently moved with my new husband and daughter to Northern California. Since we have moved, we cannot maintain the same days which were established for who has our daughter. Previously, I had my daughter Sunday-Monday-Tuesday-Thursday and every other weekend. This changed often however due to his work schedule. Now, because of the distance, we have been meeting her father half way so that he can spend weekends with her. He can see her every other weekend if he wants, as well as extended times during Holidays, summer and winter break due to school.

My ex-husband is now telling my daughter that he will be getting a home with his girlfriend next year, and will have my daughter come and live with them. He is telling her these things without discussing it with me.

Since the arrangement has always been 75%-25%, is it feasible that he can obtain primary custody if no other circumstances have changed? I feel he is doing this out of spite, however, that is no legal argument.

While its possible that he can get primary custody, its highly unlikely. Court decisions are based on the best interest of the child. Changing school districts, changing custody arrangements and uprooting lives is rarely in the best interest of the child.

My advice would be to get your current custody arrangement in writing and through a court before he gets established. This will make your case that much stronger down the road.