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Lawmoe
Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience:  Family Law Lawyer for 19 years
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My husband and I are handling our divorce ourselves. Concerning

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My husband and I are handling our divorce ourselves. Concerning the kids, before he signed the papers, he had co-erced our daughter into living with him by buying her all sorts of things and promised her a lot to keep her there. Now she is back with me. He finally signed the paperwork this week in front of a notary. In the paperwork visitation is every other weekend or more frequently, but with flexibility to accommodate the kids schedules. My questions is, since he has now signed the divorce paperwork, if he tried to keep the kids again, would I be able to bring legal action against him?
Is the paperwork legal and binding even though it hasn't been signed by the judge yet?

The provisions of a divorce are binding only when they have been reduced to a Court ordered Judgment and Decree. Until then, the Stipulation is not enforceable. As soon as it is entered as an order, it is enforceable and may be the basis for a Motion for Contempt if there is a violation of its terms.

 

Even after a divorce decree is signed, do not expect that police will enforce its terms without a specific provision in the decree indicating that the police are to enforce its terms. Different police departments have different policies and may, if not most, view disputes on parenting time as civil issues that must be handled as part of contempt motions in family court.

 

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