Legal Question in Family Law in California
I had a child custody agreement through the courts four years ago. Since then, my husband and I have been back together for two years. We were never remarried, but according to the court, our filing for separation was dropped. Once again, our relationship failed, and now he wants to reinstate the court ordered custody agreement. The problem is, my daughter is now old enough to be in school and he wants to take her out and change schools. Can he do this?
1 Answer from Attorneys
You have provided insufficient information. If your agreement was a temporary one, and no judgment was entered in your divorce, the court may have dismissed your case based on a failure to prosecute the action. If the court 'dropped' your filing for separation, then he cannot use the old custody agreement. If the judgment was entered, the old custody agreement is a judgment and is still good. I suggest you speak with an attorney, hopefully one who is skilled in mediation and negotiation in addition to just litigation, so that your matter can be resolved swiftly.
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