I have been divorced 1 year. Due to the circumstances at the time I gave residential custody of my 12 year old daughter to my ex-husband. We live in the same town however I hardly see her due to not having a car. My ex doesn't always comply with arrangement to see her. Question, can I now file a motion for custody? Divorce decree states we have joint custody now, but I want her to live with me. Will the judge think I am bad for not having her for a year? Due to the circumstances of the diovrce I had no money, job, lost home and am currently on welfare. He is also on public assistance so he is not really suporting her either.