No, neither parent could do such a thing under your custody arrangement. It's not possible to share joint physical during the school years when the parents live an hour apart.
I beg to differ. It
absolutely can be done.
I had to think long and hard before I answered this, mostly because I didn't want to go off on a rant of my own. To start with, The Ex and I share physical(65% for her/35% for me) and legal custody.
In my case, The Ex, absolutely did move just under 1 hour away. This was about 30 days after our current order was finalized, although she “notified” me 90 days before the move. The notification came 3 days before our court date in April, and although I brought it up in court(and her lawyer did as well as a reason to reduce my parenting time), nothing came of it.
Our previous order had me doing all the pick up and drop off, and at that time, The Ex lived about 45 minutes from me. I was too dense
to file for a change of that when she moved to within a mile of me(about 4 years ago) .
Anyway, I do have EOW(Friday pm-Monday am) and an overnight every Wednesday, and do the commute to school(after going past my job) weekly.
The potential problems are many however. Over the week of Thanksgiving, The Ex had a “family emergency(meaning she wanted to visit her Mom in NM for the week, and knew I wouldn’t agree to miss my holiday time that I just fought for)”, and asked me to keep Little Miss Pro Se for the week. Hey, great, more time together. However, because there was school on Monday and Tuesday, we had to get up at 5:30 to get her to school, then I had to arrange with my job to rearrange my schedule for Monday and Tuesday(because I didn’t get this request until Friday when I was on my way to pick up LMPS) so that I could be there in time to pick her up from her after school care(luckily I had already done so for Monday due to Parent/Teacher conferences, but I had to alter it further). So logistically, in an emergency, it is a huge PIA.
That’s not even taking into consideration things like school recitals, plays, concerts, meetings, etc, or the possibility of “last-minute” help or pick-ups.
Just some things to keep in mind.
