Coming around to that time

[InfantCustody]

What is the name of your state (only U.S. law)? NC/SC

Well it's been several years since I've been here so there was at least for a while some co-parenting going on.

Little IC will be 6 later this year and I will start Kindergarten in the fall.

Ex is still ex, but we do share 50/50 custody now on a 3/4/4/3 schedule.

He makes questionable parenting decisions and his living situation has only deteriorated but that's mostly irrelevant nonsense I know.

Problem is, we still live 50 miles apart. When we moved to true 50/50 2 years ago (approx) it was put into the order that if we didn't find a magnet school in the middle, little IC would go to school in my district. Papers also stipulate that I have primary residential custody for school and legal purposes. We both agree there are no magnet schools.

Ex is now saying he doesn't agree with that and wants little IC to go to school in his district because he is engaged and his fiancee can take little IC to school and pick him up when she gets her kids.

My issue is that 1.) We agreed on this issue almost 2 years ago and 2) I don't see why he should go to school there when his dad will rarely even be home with him when I can take him to school and pick him up myself from my house.

Given school was addressed in our last order, wouldn't he need a change in circumstances to modify that? Or no?

Also, he said if he doesn't have him for the school year he wants every weekend F-Sun and 45 days of the summer so he keeps his 50/50. Would he get that? I'm assuming I'm entitled to some weekend time, even one weekend every 3-6 weeks? And half the summer?

Thanks, just want to understand if there is anything I'm missing about this and what I should be prepared for.

 

[LdiJ]

What is the name of your state (only U.S. law)? NC/SC

Well it's been several years since I've been here so there was at least for a while some co-parenting going on.

Little IC will be 6 later this year and I will start Kindergarten in the fall.

Ex is still ex, but we do share 50/50 custody now on a 3/4/4/3 schedule.

He makes questionable parenting decisions and his living situation has only deteriorated but that's mostly irrelevant nonsense I know.

Problem is, we still live 50 miles apart. When we moved to true 50/50 2 years ago (approx) it was put into the order that if we didn't find a magnet school in the middle, little IC would go to school in my district. Papers also stipulate that I have primary residential custody for school and legal purposes. We both agree there are no magnet schools.

Ex is now saying he doesn't agree with that and wants little IC to go to school in his district because he is engaged and his fiancee can take little IC to school and pick him up when she gets her kids.

My issue is that 1.) We agreed on this issue almost 2 years ago and 2) I don't see why he should go to school there when his dad will rarely even be home with him when I can take him to school and pick him up myself from my house.

Given school was addressed in our last order, wouldn't he need a change in circumstances to modify that? Or no?

Also, he said if he doesn't have him for the school year he wants every weekend F-Sun and 45 days of the summer so he keeps his 50/50. Would he get that? I'm assuming I'm entitled to some weekend time, even one weekend every 3-6 weeks? And half the summer?

Thanks, just want to understand if there is anything I'm missing about this and what I should be prepared for.

Yes, he would need a change in circumstances to override the custody agreements that you made two years ago. The child will be going to school in your district. However, he would not need a change in circumstances in order to get a parenting time modification. He absolutely will not get every weekend and 45 days in the summer. There is a slight chance that he would get 3 weekends a month, but even that is not guaranteed. He might however get the 45 days of summer that he is asking for. I do not know how long your summer break is, but he would get at least half, and maybe as much as 3/4th of the summer.