What is the name of your state (only U.S. law)? AK
My husband and his ex-wife have to go through mediation prior to going to court according to their joint custody agreement. Since they can't come to an agreement about their son's school the mother has requested mediation. Luckily, the courts here offer free mediation services as long as they make less than $100,000 a year.
My question is: What happens when mediation doesn't work? My husband suspects that his ex is using mediation only as a stepping stone to go to court to modify custody, and doubts an agreement will be made during the mediation time. Although he will do everything possible to come to an agreement that works for both sides, and their son most importantly of all. Will what happens during mediation be taken into consideration in court? If his ex were to be unwilling to negotiate about any of the other schools other that the one she signed his son up for behind his back would the judge take that into consideration?
What will the judge look at when determining a school location? Neither parent is designated primary, they have joint legal and 50/50 physical custody.
Distance is the problem with the school situation, as is the poor quality of the mother's local school. My husband has brought up several options that are about 10-15 minutes away from both households for their son to attend school, but the mother (so far) refuses to consider anything that isn't immediately local to her. Our homes are 25 minutes apart.