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Eric L

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  1. My ex wife and I have 2 daughter, aged 7 & 11. Our custody agreement gives us joint custody, and says anything pertaining to the children that we can’t agree on will be decided by an arbitrator, whose decision is binding. Shortly after our divorce, my mother in law mother passed away suddenly. My ex wife moved into her mother’s home, which is paid for, and is 10 minutes from her office, but 60-90 minutes from where I live and where the kids go to school. The children have been in the same school since they started kindergarten, and have friends, extra curricular activities, and my family all close by. Shortly after our divorce (but before she moved),, she took me to arbitration to compel me to move the children to move to a school closer to where she lives. The arbitrator decided in my favor, and said there was no compelling reason for the children to move schools. She’s now trying to force arbitration again (we’re going to mediation next week to try to find a resolution, but it’s not likely, given neither of us are willing to move) to force the children to attend a school closer to her. Her work requires long hours and frequent travel, and there is no support system in place where she lives. I have a flexible work schedule, can be home most days when they come home from school, and have friends and family nearby that can help when necessary. The only grounds she has to revisit this is that she moved since we saw the arbitrator last time, and our oldest will start middle school in the Fall of 2019. Her only other argument is that the middle school they would attend with her is rated higher than the middle school closer to me. Both of us provide good homes, there is no abuse, neglect, or drug use. Because she makes significantly more than I do, per our separation agreement, she covers the children on her company provided health insurance, though I’m the one that takes them to dr appointments because of my proximity. She also pays me child support and alimony - the marriage because of infidelity on her part. My questions are 1) does she have grounds to have the arbitrator’s previous decision revisited? 2) Given the information provided, and all other things being equal, what are the chances an arbitrator would agree to hear her case? 3) Given that neither of us are willing to move, and that barring such a move, the children would likely remain with me for school, what are the chances I would be granted a request for primary custody? Thanks in advance
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