Thursday, June 30, 2011

CAN CHILD CUSTODY BE DETERMINED WITHOUT A COURT ORDER?

QUESTION: Is there any way to get child custody determined without a court order or at least without an expensive attorney? If both parents agree on a parenting plan and sign and have it notarized, is there any legality to it? Or is there any other document that I can use in that manner?

MY RESPONSE: It is best to have a court order regarding custody, but it isn't always necessary to have a trial or hearing to establish custody and obtain a child custody order.

If you have a pending Paternity case, if you and the other parent agree on a Parenting Plan, you and the other parent can prepare, sign and file a Stipulation and Order and/or Judgment setting forth your Parenting Plan, the Order on which the Judge can sign.

If you don't have a pending Paternity case, you need to file one and have it served on the other parent, and then prepare, sign (and have the other parent sign) and file a Stipulation and Order and/or Judgment, as noted above.

If you and the other parent cannot agree on a Parenting Plan, the child custody matter will need to be submitted to the Court by way of an Order to Show Cause in the Paternity case, to get a child custody order.

If you file an Order to Show Cause, you and the other parent will be required to mediate the child custody matter in an effort to resolve it, and if you are unable to accomplish a mediation result that is acceptable to both parents, the issue of child custody will be heard by the Court.

You would be wise to at least consult (if not retain) an experienced Family Law Attorney regarding any proposed Paternity case, Stipulation and Order, or Judgment before you prepare any such case or document.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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