Didn't want to hijack...

[CJane]

What is the name of your state (only U.S. law)? MO

OG, you responded to a thread w/this:

A court will NOT enforce anything that states that custody will revert in the future. Custody is based ON CURRENT situations and you cannot set up a future situation for custody.

Now, MY order is written (by the GAL) that the girls primarily reside w/Dad (roughly 60/40 in his favor) as long as he remains in our school district. It further states that if he chooses to move OUT of the school district, primary physical will revert to ME and the 60/40 split flops in MY favor, and then further lays out the custodial periods that he would have, and who would provide transportation, and etc.

Now, you're saying that's not valid? I had wondered, if he were to decide to relocate in the future, if I could just file to prevent the relocation and then reference that part of the order. Is that not possible?

 

[LdiJ]

What is the name of your state (only U.S. law)? MO

OG, you responded to a thread w/this:



Now, MY order is written (by the GAL) that the girls primarily reside w/Dad (roughly 60/40 in his favor) as long as he remains in our school district. It further states that if he chooses to move OUT of the school district, primary physical will revert to ME and the 60/40 split flops in MY favor, and then further lays out the custodial periods that he would have, and who would provide transportation, and etc.

Now, you're saying that's not valid? I had wondered, if he were to decide to relocate in the future, if I could just file to prevent the relocation and then reference that part of the order. Is that not possible?

Of course I am not OG, but I think that if all things remain equal, that portion of the order would be upheld in your situation. However if there were some significant change that indicated that it wasn't in the best interest of the children for that to be upheld then the court would have the discretion to alter that.

However I think that it would have to be a REALLY significant change. You and dad didn't come to agreements about the situation, the orders were based on court professionals being involved. That is a very different situation than two parents coming to an agreement that is not necessarily legally enforceable.