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Does reconciliation and marriage after a temporary custody order is given void the order in NC?

Gastonia, NC |

Temporary custody was given to childrens father in 2010. we reconciled and later married in 2011. Is the custody order still valid.

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Attorney answers 1


Orders involving child custody remain in force until there is a further order of the court (voiding the prior order, changing its terms, etc.), or the child reaches the age of 18. Typically, if there is a reconciliation, neither party cares about the order any more, and thus there is no one to complain to the court that it is not being followed. If you separate again, the order remains in force and can be enforced through the contempt powers of the court. The reconciliation does, however, in most cases, but not all, provide a sufficient change in condition so as to allow a court to re-examine what is in the best interest of the children and possibly modify the order, should one of the parties put that motion before it.

Tony Hartsoe
Hartsoe & Associates, P.C.

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