Quote Quoting Jrod72010
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No, my daughter will say stuff but we try to confirm with grandma what is going on.
The question that you appear to be answering is, "At this point, is all of the information you have to support your allegations coming from a seven-year-old child?" If you have not yet even spoken to grandma, and are relying entirely upon the child's statements, then the answer is in fact "yes".
Quote Quoting Jrod72010
We also talked to the school, she was in jail for about a week when we found out, grandma told us she was just working a lot and i didn't really believe her so i went to the jail website it does the jail roster, that's what prompted us to file for a parenting plan in the first place....
Your run-on sentence confuses what you are trying to say. It's not clear if you are speaking exclusively of things that led to your decision to seek the initial custody order, or if "We also talked to the school" relates to the current situation and the rest relates to the historic events. We know that you've heard about issues from the school -- and you've been asked to explain what grandma said when you discussed those issues with her. If you want to convince a court that you were concerned by the report from the school, you need to be doing something more than... nothing. Talk to grandma.
Quote Quoting Jrod72010
...given we were never married we just agreed on visitation up until that point.
Nothing you knew about prior to the entry of the most recent custody order is relevant to modification. The court is going to be interested in what has changed since its last order.
Quote Quoting Jrod72010
As per our parenting plan she is barely hanging on to primary custody....
What is that supposed to mean?
Quote Quoting Jrod72010
...and it also says if she is not with mom she needs to be with us, but given we live in a different state well need to go to court to get it modified to enroll her in school here.
Much more than that, you would have to get a change of custody and permission to move the child's domicile to a different state. It's by virtue of your choice to move that the right of first refusal is not being exercised, not because of mom.
Quote Quoting Jrod72010
We never got it modified when we moved so the parenting plan that is still in effect is from when we lived there.
Presumably you've worked out some form of long-distance visitation that works for both you and the mother, as otherwise you would have already gone to court over the issue. If that's not the case, you can certainly ask mom to stipulate to a long-distance visitation order or petition the court to modify the existing order to accommodate long-distance visitation. That's not something that must be done in association with a motion to modify custody -- but if you do move to modify custody, it would make sense to ask for a formal long-distance visitation order in the alternative (that is, in case the court does not make you the primary custodian).