Legal Question in Family Law in Oregon

Marriage Supersedes?

YOUR QUESTIOn

My wife and I had a child custody order for our daughter prior to our marriage. We married and are now divorcing and she is claiming that the previous order was not superceded by our marriage. I disagree. Who is correct and is there any law or precedent that can support the conclusion that marriage superceded the previous order?

ANSWER: The custody order originally obtained was intended to resolve the issue of custody as between two parents who were not married to one another. The subsequent marriage of the parents evidences their desire and intent to no longer be treated in the eyes of the law as unmarried parents and to no longer be bound by the terms of the pre-marital custody order. In effect, by getting married, the parties effectively rescinded the custody order. It no longer has any force or effect. If the parties now file for divorce, it is a whole new ball game.

Larry Gorin

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]