How many times does fiance try?

[teacher98]

Fiance has an almost  9 year old son.  BM has sole physical, joint legal.  Original order is only an Order of Filiation from when they were 17 (m) and 19 (d). It states that dad has EOSunday supervised until he learns parenting skills. Both parties can agree to extend parenting time.  Since 2004 they have agreed to EOWkend with EOWeek in the summer. Alternate holidays.  BM has always said that if we moved closer Dad could have more time during the school week.  This summer, she and her husband bought a house and we purchased a home 9 minutes away. Fiance, BM and son all sat down for a talk before school started. They agreed to continue EOWeek through school year. BM then said no after the first week of school. He has been documenting parenting time, discipline, school, health/medical, every phone call, major conversations with son and BM, and extra expenses for about 5 years. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
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Here are my questions.  How many times should he request a 50/50 schedule from her before he motions the court?  How much does he need to prove to a court that joint physical is what is best?  Should he give BM another written request, trying to address some of her concerns, before going the court route?  He doesn't want to annoy her, but truly wants to work things out with her before trying through the courts. The last written request to BM was in early December to which she called next day screaming and upset with fiancé and said NO!  We thought about sending another one in March asking to start after the April spring break.  Any opinions or comments are greatly appreciated. <o:p></o:p>