In January my son’s father took me back to court trying to obtain 50/50 custody and a modification of child support. I feel he only wanted 50/50 custody in order to decrease his child support. In the end, he did not get what he wanted. He is now attempting to re-file.
The parent can file a motion to modify child custody at any point. However, the court requires a material and significant change of circumstances affecting the child’s best interest. Without that, they may dismiss his case if you file a motion to dismiss and you describe that there is no change and it is simply a matter of him wanting to re-litigate the case.