QUESTION

Is a custody order from 2007 still in effect if I got back together with my husband?

Asked on Dec 12th, 2017 on Family Law - New York
More details to this question:
I have been married 21 years. I have left my husband several times when my children were younger due to domestic violence. In 2007 I believe a Judge granted me custody and my husband visitation. I ended up getting back together with my husband a while later. I assumed that voided out the court order. Does that void the custody order? My children are now 17 years old and fourteen years old. I am planning to leave my husband but he says if I leave, I leave with no car, money, or kids. I don't care about the material part of it but I do not want to lose my children. Is the custody any good still?
Report Abuse

1 ANSWER

NA smsattorney@gmail.com
The court order will still be considered valid if there has not been an amendment. However, if you do decide to move with the children, the Father can opt to go to court and get his lawyer to amend/modify the custody order, based on the new facts of the case. The new facts of the case he will most-likely to use would be that you have a history of running around and want to heist the kids to deny him visitation or parental rights. His lawyer will also try to fabricate accusations to request the judge that kids are old enough now and can make a decision on there own, to which the judge might request that the children are represented by a lawyer of their own to represent their views. This does not have to end up like this in court unless you and the kids' father can work something out without the need of a lawyer. If the other parent is not being cooperative, you should seek a lawyer to represent and defend your interests.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.
Answered on Dec 19th, 2017 at 7:19 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters