I was on my phone earlier. better clarification...
So this was entirely unrelated to her move?
Quite the contrary. It was a direct result. Prior to the move we lived in the same school district. This facilitated a 50/50 split easily enough. My kids actually told me that she was planning to move and a week or so later my youngest expressed the desire to move back in with me and not change schools. The ex and I, after a rather explosive initial reaction by her, discussed it and agreed to a residential schedule that allowed D9 to live with me during the school year, D12 to live with her and put the < parenting time > schedule such that the girls were together every weekend (essentially an offset EOW schedule between the two girls). I retained an attorney and filed the paperwork to that effect. In Missouri we could have changed the residential schedule with only a written agreement (joint custody) but the child support amounts would also change which required a court order.
While eventually I would likely have filed to modify the support to reflect the 50/50 split, I would not have been aware of the wrong calculation I made had I not retained an attorney this time around.
You mention she is required to give you 90 days notice in your state. What are your specific requirements to object to her move? I doubt your motion to modify has any impact since it was prior to the move, so what have you done via the court to object to her move?
The fact is I don't have any objection to her move, per se. I am a bit uncomfortable with the process being stretched out on something that was supposedly agreed upon before we ever started. The notice is a technicality. In MO, any party changing the residence of a child has to give the other party written notice via certified letter 90 days prior, with the noncustodial parent having 60 days to give a reason they oppose it (if they do in fact oppose it). As of yet I have done nothing as the only thing I actually take exception to is a procedural failure on her part. That said, I need to fill out the change of address and other such forms for my daughter's school. I want to get the thing moving and not have a silly back and forth ongoing.
You've agreed to a 50/50 arrangement 1.5 hours apart? That is a merely putting off your eventual EOW status once she is entrenched in her new location. Once the children are going to school in her new location how would a 50/50 parenting plan be feasible?
We have agreed to a schedule that is a 50/50 split through the summer and then D9 lives with me and D12 lives with her for the school year with an offset EOW < parenting time > for the noncustodial parent. This is the schedule that is reflected in the motion to modify. That aspect is not the part that is being bandied back and forth. It is trifling minutia that is being fussed about. For ex., the initial parenting plan I submitted had a certain vacation schedule arrangement written in. In her response she changed it to a different number of days each of us could block out per year. I agreed and left that in reponse I gave back. My attorney then informs me that they have come back and said they agree with pretty much everything except a few minor details. The papers get to me and the detail is that vacation arrangement. She has now reverted to the original wording in MY parenting plan but because it is a change, the process continues on. It is infuriating.
I think much of the issue is that the ex is not communicating with her own layer much. A good deal of the information in the initial response was wrong. The latest paperwork I sent over has not come back yet because she never made it to her lawyers office to sign the revised version with the vacation changes.
I am in conversation with my lawyer , I just like to hear a wide variety of input regarding it.