Sacramento, CA asked in Child Custody for California

Q: Is my old custody agreement still valid?

I divorced my ex-wife and we came to a custody agreement which we followed until we got back together. We never got remarried and were only living together and dating. I also had another child with her after the old custody agreement so I know he's not covered by it.

Things aren't working out again and she is threatening to keep my sons away from me again. Does the old custody agreement that we had before we got back together become enforceable again?

I know it will probably only cover my first son and it will probably be a long battle to get my 2nd son added to a new agreement.

I just need to know if the old agreement is still enforcable or if it voided because we started living together again but never got remarried like she is trying to tell me.

I'm not sure how to add a new comment but it was an enforceable court order from the divorce not a verbal agreement.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: What kind of an agreement are you talking about? Was this a stipulated court order, or just an informal agreement between the two of you. If it was not made into a court order or judgment it was never enforceable to begin with and is not enforceable now. If you want something enforceable, you need a court order.

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