The courts like to do what is in the best interest of the children. However once a custody order is in place generally courts do not like to change them unless there has been a change in circumstances of the case. It does not sound like that is the case based on the facts that you have supplied. Based on age the court may listen to want the children want if they were asking for a change (if it was too hard on them going back and forth each week etc). I would definitely continue to put your daughter in counseling so she can talk out whatever issues that you have.
Do you know why your wife wants to change things now? Is it just the school - or maybe she is having a hard time with money and is just trying to get child support. You may be able to work this out in mediation.
Either way custody issues are serious and I always suggest going through an attorney if you dont think you and your ex can settle this easily in mediation. Our advice on Avvo is general but an attorney you meet with can get more details about your particular facts.
If you cannot afford an attorney there is Bay Area Legal Aid in your area. If you do not qualify for them you can contact my office, we charge on a sliding scale based on income and family size.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. My firm is All for the Family Legal Clinic, Inc. a nonprofit public benefit corporation that charges on a sliding scale based on income and family size. For a consultation contact us 510-999-7732 or at our website www.allforthefamilylegalclinic.org
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