Old Custody Order/New Divorce

[sparkybing]

What is the name of your state? North Carolina

12 years ago, while living in Virginia my wife and I separated and she was awarded custody of our two minor children. We did not divorce, reconciled and had another child. 2 years ago the entire family relocated to North Carolina. We are now divorcing. How much weight (if any) will be given to the prior custody order? Will it come into play at all?

I wondering if it's worth fighting if this old order will be a factor.

Thanks in advance for any help you can provide.

 

[proud_parent]

12 years ago, while living in Virginia my wife and I separated and she was awarded custody of our two minor children. We did not divorce, reconciled and had another child. 2 years ago the entire family relocated to North Carolina. We are now divorcing. How much weight (if any) will be given to the prior custody order? Will it come into play at all?

I wondering if it's worth fighting if this old order will be a factor.

Thanks in advance for any help you can provide.

I'm confused...you state that your wife was awarded custody, but you then state that you two were never divorced.

It sounds as if your "order" was merely a separation agreement. Such an agreement is considered a private contract; until it becomes part of a divorce decree, it is not an order.

Even if custody had been ordered previously, custody can be changed. I would think that the best interests of the children at this time would be the controlling factor in determining custody now.

 

[sparkybing]

I'm confused...you state that your wife was awarded custody, but you then state that you two were never divorced.

It sounds as if your "order" was merely a separation agreement. Such an agreement is considered a private contract; until it becomes part of a divorce decree, it is not an order.

Even if custody had been ordered previously, custody can be changed. I would think that the best interests of the children at this time would be the controlling factor in determining custody now.

Thank you for your response.
Yes, she was awarded custody -- she moved the children out of our home and received an order of temporary custody. We did not divorce.

Thanks again.