Filing for Primary Custody

My question involves a child custody case from the State of: Texas

I am filing for joint custody, but to be primary. Technically by the original order (when child was first "found out about" at 4 months, we were never married), I am only guaranteed visitation on Thursdays for a few hours and every other weekend.

For the past almost year, the primary parent has allowed myself and my wife to have the child in my home for over 70% of the week. My wife is a stay at home mom and she stays with her and our other child all day. We have been paying child support to the bio mom while all the while paying for most of the childs food (when at our home of course), diapers, clothes, everything, of course, as the child is a part of our family same as our other child.

I recently filed for primary custody and the bio mom was served. Instantly she decided to go back to the original agreement.. we expected it but are, as expected, unhappy about it. What could we do to help our case? Is it enough that we had the child more than 70% of each week and now the bio mom has suddenly changed the childs schedule after being served with modification orders?

Thanks.

How long ago was Mom served?

Also, just say "mom"....the "bio mom" thing is unnecessary.

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Quoting brittlee3

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What could we do to help our case?

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Have a lawyer.

Was served last week. We have a lawyer