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mother want to reserve right

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1ohiofather

Junior Member
What is the name of your state (only U.S. law)? Ohio


"mother reserves the right, when the child turns five, to motion the to revisit this issue based on the respective residences of the part as well as other relevance at that time."

Is this clause ok to include in my shared parenting plan. This was part of negotiations by my attorney and guardian. Father is stated as residential parent for school purposes, but mother desperately wants it. She is also moving to a high ranking school district. I am afraid this will not be good for me as the mother will file for this before child starts school.

Does this make any difference as my attorney is saying it's just to make her happy. She can file even if this is not included.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio


"mother reserves the right, when the child turns five, to motion the to revisit this issue based on the respective residences of the part as well as other relevance at that time."

Is this clause ok to include in my shared parenting plan. This was part of negotiations by my attorney and guardian. Father is stated as residential parent for school purposes, but mother desperately wants it. She is also moving to a high ranking school district. I am afraid this will not be good for me as the mother will file for this before child starts school.

Does this make any difference as my attorney is saying it's just to make her happy. She can file even if this is not included.
Whether it is in there or not she can revisit that issue and any other issues. In Ohio custody/visitation and support are FLUID and can constantly change depending on circumstances.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ohio


"mother reserves the right, when the child turns five, to motion the to revisit this issue based on the respective residences of the part as well as other relevance at that time."

Is this clause ok to include in my shared parenting plan. This was part of negotiations by my attorney and guardian. Father is stated as residential parent for school purposes, but mother desperately wants it. She is also moving to a high ranking school district. I am afraid this will not be good for me as the mother will file for this before child starts school.

Does this make any difference as my attorney is saying it's just to make her happy. She can file even if this is not included.
I have reviewed your past threads and your case is not yet won. Yes, the Guardian's report is in your favor, and that makes it likely that what will be ordered is what the Guardian has recommended, but that is not a 100% guarantee.

Apparently you are trying to negotiate an agreement so that the judge does not have to decide. You should probably be doing what your attorney recommends.

If the two of you are going to have 50/50 custody, then the child should go to school in whichever district has the best schools...plain and simple. It shouldn't matter to you which district that will be...because you will still have 50/50 custody. All that should matter is that the 50/50 timeshare is maintained and the child goes to the best possible school. In fact, if mom moves to the better school district it would be a good idea for you to move to that same district too!
 

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