So let it begin.

[JML6501]

Yes I agree that there is most likely a provision that would allow her to bring a her child in from out of the district.  I imagine she would have confirmed that prior to pushing for that school.  I am actually quite luck that she is doing that because that brings up so many more argument points in my favor.  The convienence is clearly in her best interest but not our daughters. 

[ocean]

Here we can not switch districts as the state aid would not follow the child then. We can change schools (if more than one school in district) with permission from district office but not take child to new district.

[JML6501]

That does make sense and to be completely honest, Im glad that is not the case in this situation.  The school that she is proposing and teaching at, is far lower in ratings then the school that I would propose and that is right by my house where my other children attended.  My hope is that the judge will really look hard at the logistical benefits for my daughter going to the school by me.  Also I hope that the judge puts a huge emphasis on the STATUS QUO.  We have been doing 5050 for over 4 years.  If our daughter were to go school at her mothers choice and the parenting plan change to where she will have her during the school year, it will be more difficult for my to make up some of the lost time in the summer.  If she were with me during the week in the summer she would have to attend day care.  If her mother was getting addition time in the summer due to me having week days during the school year, she would already be home and there would be no need for day care.

I would love to get some feedback on these points.  I feel they are a strong argument for me having the school year week days and her mother having week days i the summer.

Thanks in advance

[ocean]

Positives for you:
1.Siblings go to school there (big one!)
2.Activities/friends at school will be in same area as one of parents houses
3.Doctor/dentist? (who takes child now? closer to you?)
4.50/50 for x years. Can stay pretty similar if you have school week, she has long school weekends and all summer except 2 weeks for you to take vacation.
5. Figure it out, mom would have xx days per year, father will have xx years per year if this schedule is used: (list it all out, look at school calendar, many, many school holidays with extra days off. Also can offer 3 weekends to her and you one per month).

Problems:
Can not do status quo as the child can not attend two schools. If you could afford it, you can do a private school in middle of both of you and still do 50/50 (one week on, one week off).
Could you get child to mom's school? Can keep 50/50 and use mom's school
Mom works at a school, that alone may be a huge obstacle.

Better file soon, as this is going to take a trial and they usually have a few hearings first to see if you can work it out. Be very firm with your lawyer, at first hearing he should say there is a major difference in opinion and to try and get it to trial. Some states make you do mediation first, have everything ready to go, what days you would give mom. Also can put in there that either parent needs a babysitter more than xx hours, the other parent gets first phone call over any other family/step parents/friends.

[MixedBag]

how about can you keep 50/50 and have MOM take child to dad's school district?  (like drop off at earliest allowed time -- and she can still make it to work).....and/or make use of before/after school care to make it happen.  OR drop off at dad's early -- and then head out.

[JML6501]

Great points,  I think that one parent driving the child that far to school in the am is out due to the distance.

The Talking points that you brought up are exactly what I plan to push.  Motion was filed today but I appreciate the idea of avoiding mediation which I know will be a waist.  I think that going in with a well laid out parenting plan, keeping close to 5050 but my daughter attending school near me would be the best shot at winning.  I also was thinking how with the fact that we have had such a contested case, how neutral are her coworkers/friends going to works with me from a teacher parent perspective.  Also it would be good to find some stats on the pros/cons of a teacher parent?  Im assuming that there are many reasons that this could be bad.

[ocean]

We have had kids driven 30 miles each way. As long as they are on time, all is good. We also have a lot of teachers whose kids are in the building. Not much difference if it is done right. If there has been past interference of parenting time, you could say that having a neutral school will allow both parents equal access to the school/teachers.

Sad, but really it is up to the judge on that day, how he feels. So do not argue with ex, make your point that you have been an involved father with the 50/50 and want to stay involved. Having child in ex school when child does not live in that district is not in her best interest as it is her mother's place of business and not where her siblings, family and friends are. Also, another big one, what happens when child graduates mother's school? How will child get to the next school (different start/end times for school day, sports, activities). Would be too old for daycare/before/after care. Child may be forced to change school district in x years and that is also not in the best interest of child.

[JML6501]

Ocean,  thanks for the reply,  see you brought up a point that I think is huge and that the convenience factor will even only benefiting mom, will be short lived and our child will either be forced to look at changing schools or having an inconvenient situation for all.  That just made the list.  Keep em coming please.

[JML6501]

Sad new today,  My ex was on her second attorney and wile I do think he was a nice guy, he did a terrible job for her.  This was great for me in that the fight we are entering I was hoping for advantages I could get.  Sadly my attorney notified me today that she fired him and hired an new one.  This one is from one of the biggest firms in town.  All good things must end.