My husband and I have had primary custody of his three children for almost 6 years now. The bio-mom gave up before trial both times before now for the third time she suing for primary custody. She is claiming that my husband is physically abusing me and the children. This is not true! We have lives in the same home for 4 years and the children attend the same school they started. They have attended the same daycare also for this time so we have all this to back us up there has never been a complaint to cys. Her other coplaint is that they go to daycare. And she wouldn't have to have them in daycare. Up until a year ago she was not involved only to visit the kids. My husband and I have done everything for homework to doctors visits with them. My question is will they modify the agreement . She lives an hour away and continues to move farther with every move she has moved 8 times in the last 4 years. Any advice would be happily accepted.She has vistitaion everyother weekend. The oldest tends to stay home instead of going. There is no good reason I can see that it would be changed. Any advice?

It is very unlikely she will get primary custody. She has to prove a change in circumstance. Courts are not in favor of moving children from their current situation just because one parent decides they want custody. It is very doubtful that they will find this in the best interest of the children. She would only have a shot if she was able to prove the abuse and since there isn't any, she won't be able to prove it. I wouldn't really worry actually. Get a lawyer so you can adequately present your case and you should be fine.

It is unlikely, but of course you can't really know what a judge will do.
That is why having a good attorney is so important. Depending on the age of the children the judge may speak to them.

Edit::: It was noted that if you document all of her moves and other actions, it can help your court case

Thank you to both of you> You did help calm our nerves.

Update; Bio-Mom Now giving up fight for full custody. But she wants the kids the whole summer for us to then have weekend vistitation. As of now she has everyother weekend all year that's all What are the chances of her getting more time when she doesn't have a stable home and just left her husband? She is now living where ever we don't even know how to get a hold of her if something happens with the kids. Is there anyway we could get it so she has to visit them here or maybe no overnights until stability can be proven?

Well I don't know where you are but here homeless parents can have their children. My brother lived in a trailer not big enough for his girlfriend and two kids, no electric and no water yet he still got overnight visits and CPS (Child Protective Services) said they could do nothing. But then they are awfully liberal here in Cali. But they are likely to continue allowing her to have overnights as long as she has anywhere to stay. Doesn't matter where. And non-custodial parents don't have to have house or cell phones for the other parent to get a hold of them to have their children. It is not ideal but they don't have to.

So yes she may get the extra time. But who knows what a good lawyer can do for you... but in the long run expect her to get something like every summer, every spring break, every other Christmas break, every other Thanksgiving break, every Mother's Day, the child's birthday every other year and pretty much any other holidays she asks for in alternating years.

Thanks for the update though, it's great to hear from people.