If a couple is married in Minnesota and a custody order is given, they divorce, and then remarry, have 2 more children, and divorce again - ...

Question

If a couple is married in Minnesota and a custody order is given, they divorce, and then remarry, have 2 more children, and divorce again - is the initial custody order valid? The court would have to give a new one to take into account the new children right? Is there a part of MN statute that addresses this?

Answer

If the parties remarried, there may be a basis to revisit the custody order. It is based on a new divorce and a new action.

For a consultation call 612-240-8005.

Answer

Hello. Generally, a court order remains valid unless and until it is replaced by a subsequent order or extinguished for some other reason. Upon a second divorce action, the matter of custody of the children presumably would be revisited.

Tricia Dwyer Esq

Phone: 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

Minnesota Divorce Law

Minnesota Child Custody Law