QUESTION
Can I get a custody order rescinded if the children have moved in with me full time?
Asked on Apr 15th, 2014 on Child Custody - Nebraska
More details to this question:
When my ex husband and I separated, he got a judge to sign an order that states he has full custody. Since then, the children have moved with me full time. They have state medicaid and food stamps in their name with me.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should certainly have the court's orders modified to conform with the situation as it actually is for any number of reasons.
Answered on Apr 15th, 2014 at 3:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have to go back to court and get the order changed, not rescinded.
Answered on Apr 15th, 2014 at 1:38 PM
Bruce Provda
Yes you can petition the court for full custody.
Answered on Apr 15th, 2014 at 12:33 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, you should file to request that the custody orders reflect the actual custody situation, explain that you both made the decision to change the custody based on the needs of the children and that the children are now accustomed to the new schedule and are doing well with the current arrangement (if all that is true). If you have primary custody now, you should also consider requesting child support.
Answered on Apr 15th, 2014 at 12:11 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can file an application to modify custody.
Answered on Apr 15th, 2014 at 11:50 AM