I'm in the middle of a divorce and my STBX would like to have shared physical custody. To avoid anymore court battles (we've already spent $25,000 and really haven’t gotten anywhere.) I am trying to negotiate with him. But the problem is that I want to move closer to my job (I am an hour away) closer to my family and to a better school district. This means the kids would be about an hour away from their dad.
I have suggested that he take the kids Friday evening through Monday morning each weekend, which will equal about 50/50 custody. He insists that he must see them during the week as well, on Wednesday nights. But I feel like this is very disruptive to the kids to drive an hour up to see dad on a school night and then have to drive an hour back on Thursday morning. I would like to keep their weekly schedule consistent. I am also very open to providing more time with the kids over school break or if he would like to come for dinner one night during the week or whatever.
My questions are:
1)My STBX says I'm terrible for uprooting the kids from their school district (the kids are 7 and 9, 2nd and 3rd grade). I would wait until the Fall to switch them. Presently they have said that they do not want to move schools but I feel like at this stage of their life, that although it would be unpleasant, this would be the best time to make a move if I was going to do it. But am I terrible for wanting to move them for the reasons I have mentioned above? I just feel like if I stay in the same town we are presently in, I will be very unhappy between a 2 hour commute everyday and being further from family now that I will be a single parent.
2)If we go back to court and the judge orders shared physical custody (for the temporary orders, he changed our situation of primary custody to shared until a GAL made a decision regarding our case) will I be forced to share custody with him in our current town or could I still move them because it would be to a better school district? He will be buying me out of our house. And currently, we are sharing the house until a decision is made.