With shared custody, if the court finds that the parenting agreement is not working then the court may change the plan based on a finding of the child's best interest. So, your ex must prove the plan is not working and why going to kindergarten makes the plan unworkable. If she does that, then the court will decide which home is in the child's best interest to live in more. It therefore possible that the court could order that the child reside with you. It is important to take the issue seriously. You should consider using a guardian ad litem to help the court make a decision.
Answered on Jul 09th, 2015 at 12:15 PM