Legal Question in Family Law in California
The Commissioner in my Santa Cruz County, DCSS case ruled, "Stipulations between parents involving minor children that attempt to divest the court of jurisdiction are void. I filed an Affidavit for Contempt in Sunnyvale, CA, to restore my permanent spousal support, assigned original judge in case, Hon. Theordore C. Zayner. Can he dismiss the Commissioner's ruling and should I ask for a substitute judge due to bias?*(Ex-Husband comitted EDD fraud, multiple employer(s), aka's and a broker license). Colleen C.
2 Answers from Attorneys
The complex legal situation that you've just described requires the attention of an experienced family law attorney in an office consultation.
I agree with my colleague. Nothing here indicates bias. I have to tell you on face value with what you have said no court is allow any "keep the court out of it" stipulated agreement. The courts will always retain jurisdiction so the minor child is properly looked after. Personally, if there is child support and spousal support, I wonder why you would think of signing such a stipulation. If you have considered this, you really need an attorney...
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