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.

Related Topics:
2 Lawyer Answers
Ellen Anna Wright
Ellen Anna Wright
Answered
  • Divorce Lawyer
  • Tewksbury, MA
  • Licensed in Massachusetts

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

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.