Currently my ex-wife and myself have shared parenting 50-50 but she is listed as the residential parent for schooling. My concern is she has moved 8 times in the last three years and all moves were to a new school district. He starts school this next year. Is that alone enough of an argument to change that residential parenting to me, I have not moved since me and her moved into our house together, I kept the house in the divorce. Also she just got charged with DUI/Wreckless OP, and Speeding (101 in a 50 mph zone), will that have any positive effect on the decision?
Divorce / Separation Lawyer
It is possible. It sounds like your child is not of school age yet? Your option is to file a post-decree motion to modify the shared parenting plan currently in place. Upon that motion, a court will review your specific circumstances to determine if maintaining the current designation of residential parent for school purposes is in the child's best interests. The criminal charges aren't specifically listed in the factors considered (unless the child was in the car with her), but the court has discretion to take into consideration any other relevant factor. You will likely need an attorney to help you file the motion.
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