Is court order still valid?

[galoshes]

MN

There was an original sole custody/visitation order. The non-custodial parent moved out of state. After 8+ years is returning in-state. Is the original court order still valid? Or was it made void when the non-custodial parent moved?

(Alternate mutual agreement was made to arrange visitation over the 8 yr. period; non-court-ordered).What is the name of your state (only U.S. law)?

 

[Proserpina]

MN

There was an original sole custody/visitation order. The non-custodial parent moved out of state. After 8+ years is returning in-state. Is the original court order still valid? Or was it made void when the non-custodial parent moved?

(Alternate mutual agreement was made to arrange visitation over the 8 yr. period; non-court-ordered).What is the name of your state (only U.S. law)?

The most current order is valid; in other words if the order from 8+ years ago is most current, that's the order that would be enforceable.

Moving out of state does not void the order.

Having said that, what does the parent wish to accomplish?

 

[galoshes]

That's what I was afraid of, thanks. // I have absolutely no idea. Non-custodial, non-involved "parent" thinks he's going to "step back in and pick up where he left off over 8 years ago"? Best guess.

 

[sandyclaus]

The most current order is valid; in other words if the order from 8+ years ago is most current, that's the order that would be enforceable.

Moving out of state does not void the order.

Having said that, what does the parent wish to accomplish?

That's what I was afraid of, thanks. // I have absolutely no idea. Non-custodial, non-involved "parent" thinks he's going to "step back in and pick up where he left off over 8 years ago"? Best guess.

Sure. As long as there has not been another order entered by the court since then, yes, that same order should be fully enforceable.

Of course, if the circumstances have significantly changed, it would be POSSIBLE to seek a modification of visitation/custody at this point if you chose to do so. Keep in mind, however, just because you CAN doesn't necessarily mean you SHOULD.

As Proserpina asked, what EXACTLY are you trying to accomplish? While the relationship between the NCP and the child has almost certainly deteriorated over the past 8 years, that doesn't mean that re-establishing visitation according to the current order wouldn't be in the child's best interest. People change a lot over 8 years. It's entirely possible the NCP has finally grown up and realized the importance of having a relationship with their child.

 

[nextwife]

So, is the NCP now living back in the area and wants to follow the original order?

 

[galoshes]

Someone who, by choice, has no knowledge of a child's health issues, educational progress, or any other significant life matters and, by choice, only contacts his child regarding a visit (one phone call, and one phone call post visit) during the course of a year. (This adds up to 4 calls in a year; literally 3 phone calls in the past 7 months), no contact by email or other means either...is not a person who exhibits any understanding of a child's best interest.

 

[InfantCustody]

Then file for a modification of visitation based on lengthy absence. Ask for a gradual reintroduction period.

You said you all had worked out an alternate visitation schedule.

What is that schedule?

The reality is, what you think is in a child's best interest may not be what the court thinks is in the child's best interest.

How old is the child we are talking about?