Legal Question in Family Law in California

family law stipulation

IN my custody case there is a stipulation where I gave the father with the promise that if there was DV on the father's part or the children no longer wanted to be with him his custody would be withdrawn. I did not have an attorney at the time and his attorney put the words ''as agreed upon by the parties'' in the stip saying that I was covered with what I wanted. Of course it was a lie. Now the father is physically abusing the children and is asking for 100% custody. I am told I cannot withdraw the stip. It was never formalized. What can I do???


Asked on 7/17/07, 10:40 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: family law stipulation

You can get some good advice from your own attorney. That is what you need to do and what you must do to protect your children. Child custody is always modifiable based upon a change of circumstances. The abuse is a change of circumstances. The agreement could be modified even if it were a court order. Good Luck, Pat McCrary

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Answered on 7/18/07, 10:48 am


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