Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?
The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?
A: Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly indicates that a written order will be filed, only the subsequent written order will be effective. Findings and Order after hearing FL-340 is a mandatory form and is meant to be supplemented by attachments. Please discuss this with an attorney that is knowledgeable in the area of custody and orders.
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