Divorced, got back together but didn't remarry

Posted by: lauramc27

Divorced, got back together but didn't remarry - 09/22/11 06:52 PM

Hi all.

I have a question for a friend. She divorced her hubby around 5 years ago, they eventually got back together and now she is needing to leave. They have two kids ages 8 & 10. Can she go back to court and revise the divorce decree and custody and visitation or does the decree stand as it is?
Posted by: DedicatedDad

Re: Divorced, got back together but didn't remarry - 09/24/11 02:06 PM

The original decree still stands, but she can always go back to court for a modification. What exactly does she want changed?
Posted by: lauramc27

Re: Divorced, got back together but didn't remarry - 10/03/11 06:26 PM

The custody agreement. The problem is they have 50/50 joint custody and if they separate she will need to move about 2 hours away to stay with her sister until she gets a job and can afford a place. She would leave the kids with Dad, but he gets called out of town for work for sometimes weeks at a time.
Posted by: Renny

Re: Divorced, got back together but didn't remarry - 10/03/11 09:11 PM

The custody agreement can be modified as dd says. 50/50 shared parenting arrangements don't work very well if the parents have unpredictable schedules. Moreover the parents hafe to get along. They should try to work out a schedule themselves if possible, staying within the equal time parameter. If they are fighting and one wants primary physical custody and child support, then they will need a modification.