Legal Question in Family Law in California

The non custodial parent decided a couple of weeks after the hearing that he didn't want to go through visitation/custody anymore and want no contact with his son. His lawyer was the one that told my lawyer at that time that it was the best decision. I tried to contact his lawyer to find out about his final decision. Can I file a stipulation and order myself so that I can request a full custody and not have to wait for his lawyer to file it and can I also request a new hearing date.

I don't have an attorney anymore.


Asked on 1/03/12, 5:29 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Your interpretation of the situation may be askew. If the father is no longer interested in custody why does he still have a lawyer on retainer? Perhaps because the percentage of custody is directly related to the amount of child support payable; or, perhaps he just wants to make sure that his liability is no more than a father with zero custody would pay for child support. A stipulation and order by definition is signed by both parties, their attorneys and after filing, the judicial officer. If, you do not have the signature of the father and his attorney you cannot file the stipulation.

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Answered on 1/03/12, 8:56 pm


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