Since it appears that he has voluntarily relinquised his custody periods with the child, you should have your attorney prepare a Consent Order as soon as possible confirming that you have primary physical custody of the child so that it can be presented to him for signature before he changes his mind. If he won't sign, you will need to file a Petition for modification of the existing order to confirm that fact that the child lives with you. Otherwise, if he later decides that he made a hasty decision, you must follow the existing order or you could be held in contempt.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
You should have your lawyer draft a custody stipulation for you both to sign tranferring custody to you. The stipulation can then be filed with the court and a judge will review it and enter a court order adopting the stipulation as a court order to replace the order currently in effect.
The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.
I agree with my colleagues that a Stipulation should be filed. A stipulation is just as binding as a court order, it must be followed and is enforceable. Contact an attorney to help you right away.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice. Additionally, my response does not trigger an attorney-client relationship.
It depends on if there's a current custody action or not. If so, hire an attorney to prepare a stipulation for him to sign. If he refuses to sign it I would file a Petition For Special Relief and ask the judge to enter a new order based upon the newest status quo. If no action pending, file a Modification immediately.
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