I see what you are saying and I am considering it, but there are a few problems with going that route for me.
1. Our lease is month to month now so, legally I can't enforce her to pay 1/2 rent if she moves out (and she won't). I can't afford the place on my own.
2. I don't have enough support to help take care of my child while I am working. Even daycare has it's limits.
3. ND is a state that heavily favors mothers so even if I tried to enforce the every other week custody, she could easily go to a women's shelter and claim I hit her (which I have never been abusive in any form in my life) and I would not be able to have contact with her or my child. Her friend did this 2 yrs. ago and the father still doesn't know where his child is.
4. We both can't afford a lawyer so enforcing that would probably be futile.
I am still entertaining the posibility of telling her I am staying and she can move out if she decides to, but if I can't enforce those things, I have no bite.
M:35 W:33 M: 5 yrs. Daughter: 2 yr .7/11/10 D Final: 8/7/12