Q: Do I still have primary custody?

A: The word primary custody does not really mean much of anything. Im sure that it seems nice that it said that but at the end of the day What counts is the level of custody the two parties have. An order can say joint physical custody but if one party has only alternating weekends (20%) then they do not have joint physical no matter what the order says. This comes into play in move always. An order can say primary or joint but the court will treat the person who has 80% as a form of sole custody and make a move away a little easier. If your new order does not say that this new order completely supersedes the old one then your argument is that it only supersedes the part that is in conflict. This would occur when an old order deal with legal custody and visits. The new order deals with only visits. So in essence you have two separate orders to deal with. I do not know the details of what your orders say to be able to answer that. Good luck with your case.

A: If your new stipulation doesn't explicitly revoke or change your primary custody status from the previous order, then you likely still maintain primary custody. The specification of visitation for the other parent actually supports this interpretation, as visitation rights are typically granted to the non-primary custodial parent.

Legal documents often build upon previous orders rather than restating everything, meaning that portions of your older stipulation remain valid unless specifically modified or overturned by the new one. This is known as the "doctrine of continuing jurisdiction" in family law, where existing orders remain in effect until explicitly changed.

To be completely sure about your custody status, you should review both stipulations with your attorney, as they can identify exactly which parts of the old order remain in effect. You might also want to request clarification from the court if there's any ambiguity between the two orders. While your primary custody likely remains intact, getting this confirmed can prevent future disputes and ensure everyone understands their rights and responsibilities.