[West Virginia] Co-parent moving and 50/50 custody
My fiancé has a 3 year old daughter. He has 50/50 custody of her and has for some time now. There is currently no court ordered agreement. He made a parenting plan back in March and tried to get his daughter’s mom to look at it so that they could work out exactly what they wanted to do and then file it. She would never give feedback to it and would just say she “doesn’t agree to it”. We finally decided that he would just file a motion independently this week and it would have to be worked out from there. He hasn’t mentioned this to her yet because of the drama it will cause. In strange timing she just told him that she would be moving in with her boyfriend on July 1st. The only issue we have with this is that they are moving to the next county over. The house is only about 25 minutes away, but the school in that county is about 50 minutes to an hour away depending on traffic. The child’s mom has just assumed that she will go to school in the school district that she is moving to and we are just going to have to figure out the driving or take less time with her. Obviously we don’t want this to happen especially because he has had 50/50 custody and it’s been working fine. The parenting plan he is about to file has a relocation clause that states that if either parent moves out of the county or state, the non-relocating parent will not lose parenting time and that the child must attend school in the original school district. I know this is standard but we are just afraid that it won’t be approved because obviously her mom isn’t going to agree to this. What are the chances that the judge will agree to this clause?