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  1. #1

    Question Adopting Previous Custody Order into a Divorce

    My question involves a child custody case from the State of: CA

    I am dealing with a divorce in the state of NY. My soon to be ex husband is trying to file for full custody of our minor children even though there is a standing restraining order and custody orders here in CA due to domestic violence. He is alleging that he was not aware of them and they were dismissed which is not true. He appeared for some of the hearings and never argued jurisdiction. He is now trying to file for custody saying he never was aware of the orders here. My lawyer is saying that most likely the Supreme Court Judge will adopt the orders from CA as we are requesting but of course can't give me a promise that it will happen that way. She already has all transcripts and documents to show he appeared, was served, etc. She also pointed out that he didn't even file for divorce until two months after the children and I became legal residents of this new state. Under what reason would a judge NOT adopt the previous orders?

  2. #2
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    Default Re: Adopting Previous Custody Order into a Divorce

    That is an excellent question to ask your lawyer.

    There are many reasons that might or might not apply. A list of them will not help you a bit.

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    Default Re: Adopting Previous Custody Order into a Divorce

    Quote Quoting EShear0715
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    My soon to be ex husband is trying to file for full custody of our minor children even though there is a standing restraining order and custody orders here in CA due to domestic violence.
    Please explain what "trying to file" means (in particular, how does "trying to file" differ from "hasn't filed" or from "did file"). In other words, he's either filed or he hasn't. Also, in which of the two states is he doing (or trying to do) this?


    Quote Quoting EShear0715
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    Under what reason would a judge NOT adopt the previous orders?
    Sorry, but I'm at a loss to see any value in inventing hypothetical scenarios based on a situation we know virtually nothing about. What is it that you really want to know?

  4. #4

    Default Re: Adopting Previous Custody Order into a Divorce

    He filed for full custody in NY through divorce while there is a standing restraining order and custody established here in CA. The lawyer is meeting next week to present the evidence of the standing orders and his awareness of them while he is filing for custody on the grounds of claiming he wasn't aware. I'm wondering if there's any reason the judge wouldn't adopt these current orders into the divorce agreement.

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    Default Re: Adopting Previous Custody Order into a Divorce

    Quote Quoting EShear0715
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    I'm wondering if there's any reason the judge wouldn't adopt these current orders into the divorce agreement.
    In the abstract, virtually anything is possible, and no one here can intelligently rule out any particular result. Also, while I have no experience in family court in NY, I can tell you that I have seen some fairly screwed up results in NY court cases.

  6. #6
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    Default Re: Adopting Previous Custody Order into a Divorce

    Quote Quoting EShear0715
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    He filed for full custody in NY through divorce while there is a standing restraining order and custody established here in CA. The lawyer is meeting next week to present the evidence of the standing orders and his awareness of them while he is filing for custody on the grounds of claiming he wasn't aware. I'm wondering if there's any reason the judge wouldn't adopt these current orders into the divorce agreement.
    If your attorney handles it properly it's most likely that the NY judge will decline jurisdiction of custody matters.

    However, based on how the law works, the NY judge does not have jurisdiction over the children and even if the NY judge makes rulings that are contradictory to the CA rulings CA should refuse to enforce them. If CA won't enforce them your ex should be SOL.

  7. #7

    Default Re: Adopting Previous Custody Order into a Divorce

    Quote Quoting llworking
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    If your attorney handles it properly it's most likely that the NY judge will decline jurisdiction of custody matters.

    However, based on how the law works, the NY judge does not have jurisdiction over the children and even if the NY judge makes rulings that are contradictory to the CA rulings CA should refuse to enforce them. If CA won't enforce them your ex should be SOL.
    So if the Supreme Court Judge makes contradictory rulings to the standing orders in CA (for example custody goes to the father living in NY) , how would that then work? Do the existing orders in CA where the kids now live go out the window? I kind of follow what you are saying I just don't understand if one state doesn't recognize the other state how that plays out 🤔

  8. #8
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    Default Re: Adopting Previous Custody Order into a Divorce

    Quote Quoting EShear0715
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    So if the Supreme Court Judge makes contradictory rulings to the standing orders in CA (for example custody goes to the father living in NY) , how would that then work? Do the existing orders in CA where the kids now live go out the window? I kind of follow what you are saying I just don't understand if one state doesn't recognize the other state how that plays out ��
    CA has jurisdiction over the children and their custody because orders were made in CA before their father ever filed in NY. If the NY judge were to make orders about the children, when the NY judge does not have jurisdiction, CA won't enforce the orders. Therefore, if dad comes to CA to try to take the children, and you don't give them to him, nobody in CA is going to help him take them from you. In fact, they will likely arrest him for violating the restraining orders.

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