Is court voided after so long and moving in void courts order and legal giving temp custody to sister w/out court notification? 8 Answers as of January 23, 2013

If divorce-custody is not followed through since January and February 2012 and she moved in my home since court visitation ruling, does it void court decision for visitation? She since then gave her sister temporary custody. I now have to set up visitation through them. I told her I have no phone number to contact them and told me I have to deal with them that she’s glad (in text still on my phone) quoted that glad we are not interfering with them because her sisters teaching them to count and my 2-year old twins listen and obey now. Side note, he’ll be nice to have kids and have someone else’s raise them. I want them. She abandoned them on me and my girlfriend for about 5/6 months while she spends days away partying and enjoying freedom.

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The Law Firm of Kristina L. Combs, PLLC
The Law Firm of Kristina L. Combs, PLLC | Kristina L. Combs
A Court Order for visitation is not voided simply by the parents moving in with each other. It would only be voided if the parents married after the Court Order for visitation was in place, and there was a clause in the Court Order that states it would be voided under that circumstance. It sounds as if you have something more complex going on, but it is difficult to determine your situation based on the facts provided. You should probably seek legal counsel to assist you. Kristina L. Combs Attorney at Law, Military Veteran The Law Firm of Kristina L. Combs, PLLC PH:?(210) 998-5745.?Fax: (210) 998-5746 ? The information contained in this electronic mail message is attorney privileged and confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 210-998-5745 or by reply email and delete this message. Do not copy or distribute it to anyone other than the intended recipient. ? Please note that consultations do not initiate an attorney-client relationship or any representation by our law firm. In order to receive representation from our law firm and obtain an attorney-client relationship, you will need a fee agreement contract signed by the Attorney.
Answer Applies to: Texas
Replied: 1/23/2013
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Custody is always subject to a change in circumstances and what is best for the children. It is presumed that they belong with their natural parent(s); for that not to happen it requires extraordinary circumstances, which may include unfitness.
Answer Applies to: New York
Replied: 1/22/2013
File for hearing on custody.
Answer Applies to: California
Replied: 1/22/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
A court order is not void until dismissed of amended. There is a difference between her moving back and a reconciliation. If she just moved back, it does not void the order.
Answer Applies to: California
Replied: 1/22/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
For a court order to be changed you must file a motion to modify it or amend it. It is never just void.
Answer Applies to: Delaware
Replied: 1/22/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Court orders don't become void. It remains in effect, even if not followed. If you want to follow the order but the children aren't in your ex's care, then you can always file a motion to change custody and get your children back. The ex's sister doesn't have a legal claim, unless a guardianship was established.
    Answer Applies to: California
    Replied: 1/22/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Courts speak through their written orders. If there is a written custody order that has not been changed, it is still valid and you could ask the court to enforce it. Such action may result in a motion to amend the order, but either way, you have the right to have the court, not your ex, determine custody. You should seek the assistance of a local attorney.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Theodora Fader | Theodora Fader
    Sounds like you need to go back to court and ask for modification of the custody/parenting time order based upon the change in circumstances. It would be beneficial for you to hire an attorney to assist you with filing a motion and the hearing.
    Answer Applies to: Michigan
    Replied: 1/22/2013
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