Reply to Custody Schedule - School year vs. Summer

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Switch off full weeks.  There are fewer translations.[/quote]

I failed to mention in the original post that one big concern is the child has more behavior issues at school after having been with the other parent, hence why I think a school year vs. summer schedule makes sense.[/quote]

The thing you have to understand is what you think makes sense doesn't really matter. Your ex clearly disagrees. And so, your choices are to basically spend lots of money suing over this, which will put your kid in the middle, and you very likely may lose.

BTW, the school "documenting" a "disability" isn't relevant to this.

Have you spoken to a lawyer?[/quote]

Yes, I have spoken with many lawyers. When I say it makes sense, I mean it works for the kid based on the child custody factors. And our child having a disability is especially relevant. [/quote]

All you said is a school "documented" a "disability." That's not a diagnosis, unless I missed something.

And yes, we know you think it makes sense. You've been very clear about the fact that this is what you want to have happen. But your problem is your ex doesn't agree. Understandably so. And so you have to spend a lot of money to make this happen, it will be contentious (affecting your child's mental health and behavior) and you very well may lose.

I'm curious -- what did your laywers tell you when you asked them? Because I get the sense that they said something similar to what I'm saying and you don't like it or you wouldn't be trying to find anecdotal evidence to the contrary here. [/quote]

The child has a diagnosis and an IEP. My lawyer said I have a good chance due to all the evidence I have and the patterns the other parent has engaged in (also evidence unrelated to the diagnosis), but of course that there isn't a way to be 100% certain with how a judge will rule. The lawyer has also stated that the other parent is not one who will negotiate or settle, so trial is going to be an unfortunate necessity. [/quote]

You need to consider the impact of that on your child. Also, judges are not fond of informal arrangements, so saying things like you'd be flexible on after-school visits and whatnot isn't going to fly in court.  From a judge's perspective, you're effectively trying to cut one parent out of the child's life for 10 months of the year in a formal arrangement. If the other parent wants to be involved, that's going to be a very hard thing to overcome and you will have to fight nasty in court. What impact will THAT have on the child to be put in the middle? Talk about the behavioral problems THAT might cause.

[/quote]

The other parent is cut out of the other child's life. We have a weekday after school visit currently that is scheduled. That can be increased to two per week if the other parent wants it, although I have offered it and they haven't wanted to. [/quote]

Now I'm confused as you indicated you had a 50/50 arrangement in place now that you wanted to change.[/quote]

No, right now I am the primary custodial parent (temporary custody agreement). [/quote]

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