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My Husband is having to go back to court with his ex for primary custody of their two children, for the past 3 years they have not abided by the current order on file which gives him his children 8 days a month, and has him paying her child support, but they havent been doing that, they have each had the children every other week monday-monday dropping the kids off at school on monday to be picked up by the other that afternoon, and no child support was being paid because they had them equal amounts of time, then all of a sudden 3 months ago his ex sends a certified letter that she wants to go back to the court order on file, so my husband now wants primary custody and joint physical where what had been taking place for 3 years will be an order.  My husband is now scared that she will try to get him for 3 years of back child support...would a judge consider the fact that they have had equal time with the children up until 3 months ago and see that there was a verbal agreement or will that not stand in court?...my husband is going pro se because we cannot afford an attorney and we have nothing to sell and cannot get a loan for the amount we would need for an attorney...Does he have a chance?
Also during this time the mother has fabricated a false document stating a 90 day notice of her moving them and switching their schools and dating it with a date that she actually had sent a certified letter and we have no idea how to prove this...any ideas on what to do with this aspect? There is so much to this case i could probably go on for days.  I am sorry for such the long entry, but i am just frustrated and trying to research every possible avenue.

Thank you in advance for any help!
Tiffany