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If a divorced couple remarries and one parent has primary custody and the other has secondary what happens?

If a divorced couple remarries and one parent has primary custody and the other has secondary what happens? My parents have remarried and my father asked me about this. I can’t seem to find the info I need anywhere.

Note: I am not the minor in question!

Unless there was a provision in the divorce decree that speaks to this situation, there wouldn’t be any change in custody. If the non-custodial parent wanted to modify the current custody order, he/she would need to file a petition asking to modify custody based on a change of circumstances. The non-custodial would then need to show why a change in custody would be in the best interest of the child.

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This entry was posted on Monday, July 6th, 2009 at 7:47 pm and is filed under Parent Custody. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

5 Responses to “If a divorced couple remarries and one parent has primary custody and the other has secondary what happens?”

  1. Andy Says:
    July 7th, 2009 at 12:52 am

    Unless there was a provision in the divorce decree that speaks to this situation, there wouldn’t be any change in custody. If the non-custodial parent wanted to modify the current custody order, he/she would need to file a petition asking to modify custody based on a change of circumstances. The non-custodial would then need to show why a change in custody would be in the best interest of the child.
    References :
    I am a family law attorney in NYC. Visit my website at http://www.kaverlaw.com

  2. BILL h Says:
    July 7th, 2009 at 1:10 am

    if you remarry your ex,that should void the custody issue,because you would be married to each other again.good luck on the second time around..Bill
    References :

  3. bethyboo Says:
    July 7th, 2009 at 1:37 am

    if Person A and Person B get divorced and then decide to remarry each other, the entire divorce agreement is dissolved. YAY!
    References :

  4. ubu Says:
    July 7th, 2009 at 2:25 am

    I think you are asking about the divorced parents getting remarried , right ? In that case the custody is dropped. Call a local attorney and they should answer that for free. Have dad call…
    References :

  5. Doodlestuff Says:
    July 7th, 2009 at 2:39 am

    If a divorced couple remarries, they need to go to court to have the custody arrangement set aside. In my state, it is automatic, but that is not true in all states. It requires a law to be automatic.
    References :

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