It could but quite frankly, if dad pushes the issue now, a full fledged custody battle would most likely see dad winning custody anyway due to the attack on the stepfather. My suggestion solves the school issue IMMEDIATELY as all that is necessary is an agreed entry stating that under that portion of the code, dad is residential for school purposes. It changes nothing else at this juncture but gets the child enrolled in dad's school district. Then the parents have time to work out all the other details.