big guy wrote:.....can the fairer status quo be held up in court.....
If argued in Oregon court, the answer is, "Yes." The doctrine of de facto custody
De facto, expeditiously and flawlessly, satisfies both custody modification standards simultaneously; namely, that a significant change in circumstance has occurred since the last order was written and that such a change is in the best interest of the children.
OP, you need to research this for your jurisdiction.
Everyone is entitled to my opinion. - Maxine™