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    bm82's Avatar
    bm82 Posts: 1, Reputation: 1
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    #1

    Sep 1, 2008, 11:25 AM
    I am not happy, I need custody
    Here's my problem, I have been married for 5 years, before I got married my husband and I were sepearted and I had full custody in California of our daughter, I have though papers still and I want to know how I can file for full custody of our son and also want to know if my custody papers from our daughter are still good if you were filled five years ago.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 1, 2008, 11:33 AM
    Quote Originally Posted by bm82
    Here's my problem, I have been married for 5 years, before i got married my husband and i were sepearted and i had full custody in california of our daughter, i have though papers still and i want to know how i can file for full custody of our son and also want to know if my custody papers from our daughter are still good if you were filled five years ago.


    I'm a little confused here - if you were married, separated, got custody of your daughter, got divorced (or the other way around) and then were remarried to your former husband, any agreements or orders from the divorce ended when the two of you married.

    If you were married, separated, divorced, got custody and married someone else the orders and agreements still stand.

    If you remarried the same person you would have to go back to Court and request custody of your son AND your daughter.

    Did I answer your question?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Sep 1, 2008, 03:42 PM
    Quote Originally Posted by bm82
    Here's my problem, I have been married for 5 years, before i got married my husband and i were sepearted and i had full custody in california of our daughter, i have though papers still and i want to know how i can file for full custody of our son and also want to know if my custody papers from our daughter are still good if you were filled five years ago.
    Custody papers are valid until dissolved. So 5 or even 10 years ago they are still valid. So the real question is did you remarry a different man or your ex after divorce ?

    If you married a different man then your papers on your daughter are still valid. As far as your son that's something that has to be decided by the courts but has no bearing on this question. You are entitled to ask for full custody but just because you have one of the children its not a sure thing you will get it based on you having the other sibling or your sex.
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