QUESTION

How long does the pre-divorce custody agreement last if the divorce is dismissed in the state of California?

Asked on Jul 07th, 2012 on Child Custody - Missouri
More details to this question:
How long does the pre-divorce custody agreement last if the divorce is dismissed in the state of California? The following is a brief synopsis of events that took place leading up to filing for divorce in the state of Missouri: I filed for Divorce in 2008/09, and both parties signed a pre-divorce custody agreement. The judge also signed the documentation. Shortly thereafter, me and my wife decided to work on the marriage and attempt to salvage what was left. I changed my mind, and was told it was dismissed due to the fact that I was out of the United States serving the U.S. military in Iraq for a approximately 1 year. I have filed for divorce again, March 2012 in Missouri, and requesting full custody of my child. From previous correspondence, she has conceded on allowing the divorce to be filed and administered in the state of Missouri. Recently, my wife has attempted to halt the proceedings by reintroducing the agreement from 2008/09, stating that she can stop everything. Timeline of events: Divorce filed in 2008/09 in the state of California. Signed pre-divorce custody agreement, awaiting divorce decree with custodial issues decided by courts. Case did not go to court – Divorce was never administered due to it being dismissed. March 2012 – Divorce refilled in the state of Missouri – Active Duty Navy, requesting full custody of child; Elijah age 10. Documentation from 2008/09 dismissed case was sent to myself. Question – Is the pre-divorce custody agreement still valid if the case was dismissed previously? Is there a time limit on the pre-divorce custody agreement? Is there any validity, under current judicial law, that will preclude me from filing for divorce in the state (Missouri) in which I am currently employed as an Active Duty service member due to previously filing in the state of California.
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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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If it dismissed, it is not inexistence and therefore not valid.
Answered on Jul 20th, 2012 at 7:00 PM

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