Legal Question in Family Law in Texas

Can my divorce decree which states I have sole custody of my 14year old daughter void out the current custody order?


Asked on 7/27/12, 11:31 pm

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

If there is a new order that determines custody (or "conservatorship" as we call it in Texas), that order overrides prior orders.

I strongly urge you to take both orders to a family law attorney and let him or her read them over before giving you advice. Sometimes people get served with petitions asking for custody and they think it is an order. So it's worth letting an expert take a look at your paperwork.

Good luck!!

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Answered on 7/31/12, 1:06 pm
Megan Cook Cook & Cook Law Firm, PLLC

No, a new custody order will supersede an older divorce decree. The old decree cannot void the new orders. You will know you are looking at an order if it says "ORDER in Suit Affecting Parent Child Relationship" at the head of the document. If it says temporary or petition, then the assessment would be different.

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Answered on 7/31/12, 1:15 pm


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