If I have a divorce judgement but state law requires that I must wait 6 months, does that mean the custody order is valid now or after the waiting period?

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If I have a divorce judgement but state law requires that I must wait 6 months, does that mean the custody order is valid now or after the waiting period?

Asked on December 29, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The six month waiting period that you are referring to has to do with the finalization for the divorce.  But there should be in effect a temporary order of custody, no?  It is very difficult to "see" what is going on in a matter in this type of forum.  Ideally an attorney would like to read all the paperwork in a matter before giving any one any guidance on their case.  If you do not have an attorney to review this with I would strongly suggest that you go and see one on a consultation basis just to review the matter for you and to make sure that your rights were properly protected.  Good luck to you.


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