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3 attorney answers The subsequent marriage would void the previous court's order. You will have to file for a divorce & request temporary orders for custody.
A court will modify custody following a parent's remarriage if the proposed change serves a child's best interests. A second marriage doesn't automatically warrant a new custody arrangement.However, not all custody situations turn out perfectly after a parent remarries.
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like "parental kidnapping." But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
Make sure you have all of the basic information and divorce forms you need according to the divorce laws in your state. Make sure you have all of the personal information you need. Include a statement that you and the other party are in agreement with the contents of the document.
Ongoing drug or alcohol abuse. Child abuse or neglect. Domestic violence. Mental health issues. Jail time. Relocation.
Some people wonder if they can save even more by money by writing their own settlement agreement and not seeking the help of a divorce attorney at all. While there is no legal requirement that you have a lawyer draft your settlement agreement, it is certainly a good idea to do so.
Figure out what guideline child support amount is. Agree on an amount and other issues. Write up your agreement. Sign your Stipulation (agreement) Turn in your Stipulation to the court for the judge to sign. File your Stipulation after the judge signs it.
At its heart, the law directs that the child's birth parents are responsible for the child's support and no one else. Therefore, in most states, the courts will not reduce a non-custodial parent or obligor's child support payments due to a custodial parent's decision to remarry.
As mentioned above, an annulment does not reverse the obligation of child support. Any child conceived by the parties is still entitled to support.