Joint Custody, Physical custody 50/50, ex won't change wording on agreement..help!

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prairieflower

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In the beginning my husband and his ex had a joint custody agreement with the ex having primary physical custody. The ex had her own home and then moved her son with her to the home of her "female companion". The ex and her companion split and the child has lived with us for a month. He had told his mother that he no longer wanted to live with her because of the emotional abuse and guilt she bestows upon him. He is 17 and has suffered with emotional abuse from his mother since he was a small child because she would become upset with my husband and even though there was a court order visitation order, she would refuse to let the child see his father if she was upset with my husband. The ex now has her own home again and lives, again, a block from us. Since she put the bug in his ear for 50/50 physical custody, for the past couple of weeks he has been staying with us half the time and staying with his mother half the time, in which we all have agreed to. They went to domestic relations today and now the ex says she still wants child support and demands that the custody agreement not change the "primary physical custody" that is listed on the agreement. By law can she do this as the physical custody is now split 50/50 and my husband and her both have physical custody? We go back to court in November over this issue. Should we hire an attorney?
 
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Since the child is 17 it is unlikely the court will modify anything at this stage. Your husband is responsible for continuing to pay CS but should file for it to end when the son reaches 18. Of course you can file for 50/50 and stopping CS and you might win. You do need to consult with an attorney familar with the judge as a minimum.
 
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