Legal Question in Family Law in California
She decided to give me joint custody. Now what?
The original terms of my divorce indicated that I have supervised visits with my 5 year old son. Now, about a year or two later, my ex-wife has agreed to give me joint custody.
Is it possible for us to do this without going back into court? If so, what do we have to do?
4 Answers from Attorneys
Re: She decided to give me joint custody. Now what?
You should prepare a stipulation, that is write the agreement in the form that it can be submitted to court for the judges signature. It is unusual for a court to refuse to sign a stipulation. Unless you get the agreement made into a court order you will not be able enforcement the agreement. Most courts have a law clinic that will assist you in preparing the stipulation. Have bot signatures notarized. This will make is less likely that the court will refuse to sign the stipulation.
Reply: She decided to give me joint custody. Now what?
In a general sense, you would prepare a Stipulation & Order to modify the underlying orders. This can usually be accomplished without having to appear in court. This can be done by an attorney or a qualified Paralegal Assistant.
We provide Paralegal Support Services that are attorney supervised. You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: She decided to give me joint custody. Now what?
I believe that you are in San Diego County. The facilitators office at the court can assist you in preparing the stipulation, but it may take you all day. You should get the court order changed not only so that it will be enforceable but also because it will give the court an accurate history if there are any child custody disputes in the future. You should also make it as specific as possible. Keep an accurate calendar of your contacts with the child, including hours and activities, it is very effective in any future hearings. I don't think that the San Diego judges will care if it is notarized. I charge $225 to prepare the modification agreement, including the filing fee for the stipulation which is about $30. Good Luck, Pat McCrary
Re: She decided to give me joint custody. Now what?
Set an OSC to enter a stipulation. Call me directly at (619) 222-3504.