Does A Visitation Modificaton Replace All Terms Of The Original Decree?

divorce decreeQuestion:

I modified visitation a few years ago so that it was changed to an extended parenting time schedule.

When it was modified there was a special clause in the original decree that did not get included in the updated, modified order.

I was told by my attorney at that time that it was still in effect, but my ex is now telling me that her attorney says it is not in effect because it is not included in the most recent modification.

Who is correct?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas law where I am licensed to practice.

If your modified order replaces the original decree, which it typically does, then the modified one is the final order.

However, some modified orders simply modify a portion of the original order and either reference the original order in it or are clear on their face that they are not intended to replace the original.

This would most likely occur if your new order is only a few pages long and your previous one is 20+ pages, or if your new order states something to the effect of “child support will remain the same as the decree dated XXX.”

Most likely your new modified order encompasses all the terms that the parties are to abide by now.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction for advice on divorce laws.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Amanda L. Clepper, an associate attorney in the San Antonio, Texas, office, contact Cordell & Cordell.

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