I agree with A&K, in most situations it's best for there to be one custodial parent and one place the children truly consider home and that should be with whomever was the primary caregiver over the years.
My case is somewhat unique in that my ex and I were equals as far as care giving and time spent with our D11. If that wasn't the case, the mediator would not have come to the conclusion he did. One of the conditions of our agreement was that our D11 would go to school where ever my ex lived, however we both had to live in in a certain predefined area. This ensured that that my D11 would go to good schools and that my ex couldn't move 50 miles away with her.
RSF, you've got to take an honest look at your sitch. Was your W the primary caregiver? Did she spend more time with the kids? If so, the courts will most likely favor her and rightfully so.
Your desire for 50/50 custody is honorable, but is it best for the kids? Will it upset their lives and routine too much? Only you can answer that.
I consider myself truly blessed that I have my D11 in my life as much as I do.
It's interesting to me after talking with various folks about this how much prejudice and preconceived notions come into play. At the end of the day all of the choices for custodial and parenting relationships depend on the parents doing the right thing.
So W and I both work and have the luxury of working from home. We both share in taking care of the kids. I do think she keeps me at arms length a bit because she is trying to possess rights to the kids. I am allowing it because I haven't wanted to pressure her. I digress. So the point is on paper we are perfectly suited to be 50/50 custodial parents but that doesn't mean either of us will or can deliver. Same holds true if one or the other of us had been stay at home parent. That doesn't mean that person is or should be custodial parent.
My belief is that if both parents are 100% dedicated and capable, 50/50 custody is the best route. Right now W believes that it is unfair that I ask that because I walked out. That is about her not the kids.
AKA: "Ben the school teacher" --- Me:45, W:41 | Ds:10,12&14 | M:18, T:20 Me: MLC+PA+WAS+Separated 10/08 My Request to Reconcile Denied 7/09 W w/OM 6/09-11/09