Hovater v. Hovater
In Hovater v. Hovater, 577 So. 2d 461 (Ala. Civ. App. 1990), the divorce decree incorporated the parties' agreement that if either party moved out of the Mt. Hope School District, the other party would get physical custody of the children. The appellate court held the provision was invalid, explaining:
"We find . . . the custodial reversionary clause in this instance to be of no effect because it is premised on a mere speculation of what the best interests of the children may be at a future date." Id. at 463.