Legal Question in Family Law in California
If there was a previous custody agreement and new one was established does it render the previous custody agreement invalid. The new agreement does not discuss a certain holiday but the old one does and the other party is saying that, the old one is still in place and the new one only changes certain aspects of the old one.
2 Answers from Attorneys
I would have to read both orders. Typically, a new agreement will say that unless modified herein, all other orders will remain in effect.
BARRY BESSER
www.besserlaw.com
Mr. Besser is correct. Without reading both agreements, there is no way to tell. Generally, however, if a new custody order says nothing about a subject that a prior order covers, the prior order still controls. As Mr. Besser says, most orders expressly state that just to be clear, but even if it does not say that, it still is the general assumption absent proof of a different intent.
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