Asked in Child Custody, Divorce and Family Law for Idaho

Q: Hi, I was just wondering if a marriage certificate supersedes a custody order

Hi, I was just wondering if a marriage certificate supersedes a custody order

For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then they divorce. Can the previous order be used and enforced or is it Noll and void until the divorce is finalized and a new order is signed

Nothing has been filed for the divorce yet there’s just an order signed prior to the marriage

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce and then one parent then claims that the other parent is a bad parent because of x, y, and z. The reason it (relevance) goes down by the day is because time makes all things, particularly bad things, seem less bad. The longer you lived with a person who was a bad parent, makes it seem like what they did might not be as bad as you claim now, that they are. I need a LOT more facts before I could imagine what the Court might do with this. If you were married for a long time, and then divorced. The Parenting Agreement would be virtually worthless to show anything.

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