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We're were on the same wavelength there.

Just an update- upon further review of the court order- it is apparent that we have to make some sort of good faith effort to mediate this- since "further litigation"- is only to be used as a last resort. Off to the mediator we go.

So mediator question:

1. Do you take in a list of concerns and proposed solutions, or do you just bring in concerns and try to hash out the rest when you get there?

Plaintiff respectfully moves the Court to Modify the current custody order, dated May 25th, 2006. Memorandum in support of Motion, Proposed Parenting Time Plan attached. In additon, Plaintiff requests appointment of a Guardian Ad Litem, to represent Child's interests in the proceedings.

Make any sense?

So something like this:

Motion for Reallocation of Parental Rights and Responsibilities and Appointment of Guardian Ad Litem

I believe a GAL would be the absolute BEST thing that could happen.

Do we file for a change of custody and appointment of a GAL at the same time?

All parties in Ohio.

Mom and Dad have shared physical and legal custody of 11 year od child. Mom has on-going relationship issues, has child staying in bedroom with 7 year old brother.

Mother formerly married to man who physically and emotionally abused child. Mom divorced this man. Has 2 other children with him, one lives with her (7 year old boy) and one lives with dad, however mom retains legal custody of him.

Mom meets new boyfriend. New boyfriened doesn't want/like kids, but mom has him move in with her. Mom ends up pregnant with by new boyfriend. Now mom has herself, dad#3, 12 year old, 7 year old and infant in her 2 bedroom apartment.

Child goes back and forth between mom and dad weekly. Dad and step-mom initiate testing through the school (child is struggling). Dad and Mom attend meeting and child is given an IEP (individualized educational plan for students with disabilities). Mom disagrees, but is not residential parent, so doesn't matter.

After the meeting, school counselor approaches dad and compels him to file for sole custody, based on childs performance issues when she is with mother.

School has documented all issues during "mom's" weeks and tells dad that it is imperitive that she not stay with mom during the week, because she doesn't turn in homework or come at all prepared.

I am willing to file for full custody, however, would it be best to file in an emergent way, or just file for a modification of curent custody order? All custody has been done pro-se by both sides and will continue to be until one or the other hire an attorney (duh).

If I file emergently- are school performance issues a good enough reason- or should all of the abuse (documented by counselor) and space issues important to include?

Although this isn't really the answer to your original question- why don't you ask that she be responsible for 50% of the transportation? Then you could meet her at 7:30 on Friday's- and be home by 8:30 and get two nights every other weekend- instead of 1.

It almost seems like you are being compelled by the court to practice law without a license. What would be the benefit? Seems a little dangerous.

And now it becomes crystal clear why she "didn;t want to do it through the courts"....always something, right?

I shouldn't have offered you advice- I just hate it when one parent is made to feel like they have to "ask" the other to "let" them do something with the child. I just wanted to give you the nudge to stick up for your rights as an equal parent. I wish you the best- listen to Soc, he knows the law and what to tell you...we're just the cheering section!