Asked in Child Custody for Massachusetts

Q: When I divorced, I signed a separation agreement. Now I have temporary full custody. Is the agreement still valid?

The agreement included how to divide holidays. Do I still have to split the holidays having full custody? The temporary order says he has her every other weekend.

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2 Lawyer Answers

A: Yes, the parts that do not conflict with the temporary order remain in full force and effect. Best of luck.

A: It sounds like there was a Modification petition and Temporary orders modifying the Divorce Judgment temporarily. if so, the temporary order terms control if they differ from the separation agreement/divorce judgment. However, a temporary order often does not encompass the totality of the divorce judgment and those terms not specifically overridden still control.

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