Legal Question in Family Law in California

Second Filing?

I filed for Dissolution of Marriage from my spouse in October of 2002. Things were very different then and I filed for full legal and physical custody of our son with supervised visits for my spouse. My spouse filed a response contesting the papers. No other papers were ever filed. We reconciled in May 2003, for a short period of time. We have since seperated and would like to finalize the divorce, but without the same things that I had stipulated in the first set of papers. He has worked hard and completely turned his life around and I would like to file joint physical and legal custody this time. We have also worked out a visitation schedule. Are the first papers still valid? If so, how do I ''cancel'' them in order to file the new ones? If not, do I just file the new set of papers?. Thank you for your time and consideration.


Asked on 3/01/05, 5:45 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Second Filing?

Prepare a document called a stipulation. In that form set forth the terms of custody and visiation which you have agreed to. Then each of you sign the stipulation, and have your signatures notarized. Then send the document to court for the signature of a judge. The agreement will then become a court order. Also state the provisions for child support should be included. If the child support is not guideline, then you must state that each of you are aware of the child support provisions, and the quideline amount. That the needs of the child will be met under the current child support terms.

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Answered on 3/01/05, 10:12 pm


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