Legal Question in Family Law in California
If dad has court ordered physical custody of child in Santa Clara County and decides child can live with mom in Monterey County. What does the mom need to do legally if anything? Should I have the father put something in writing? Afraid the dad might change his mind later on! Both mom and dad have joint legal custody.
3 Answers from Attorneys
Draft and file a stipulation creating a court order that confirms this new parenting arrangement.
Ms. Kock is correct. You need to write up a parenting schedule that covers where the child will be when, including holidays, etc., and submit that as a stipulated order for the Santa Clara court to enter, with copies to be returned to both parents. You should also be aware that this will call for a child support re-evaluation.
A proper stipulation needs to be prepared setting forth the new arrangement, which needs to become a court order. This would be filed in Santa Clara County.
BARRY BESSER
www.besserlaw.com
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