How Do Modify a Custody Order After Remarriage to the Ex-Spouse?
Full Question:
Answer:
We are assuming you got divorced and the permanent order refers to a custody order in the divorce. A remarriage to a former spouse would make the divorce decree void and if necessary, you could petition the court to vacate or modify the order, based on the change of circumstances.
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child.
