Legal Question in Family Law in Virginia
validity of custody arrangement after reconciliation
My wife and I were separated and had a custody arrangement that was entered at court.
Subsequent to that we had a reconciliation, that was to be for a trial basis, 90 days, the time limit passed and we then reseparated. She now claims the custody arrangement previously entered is valid. My position is that upon reconciliation, all divorce and custody matters became moot.
Who is right?
1 Answer from Attorneys
Re: validity of custody arrangement after reconciliation
A court order does not end unless another order terminates the earlier order, or it ends by its own terms, or some law causes it to end. Conduct of parties isn't enough unless the order says it is.
I see this problem most often when a paying parent is disabled, and a child support order keeps piling up the arrears.
After a long reconciliation you might argue material change in circumstances.
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