Q: What is the process of making a binding contract for visitation that can be held up in court if need be
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of doing so? Do we have to get it notarized? Signed by a judge? We already have a court date to establish parental relationship but we want to cancel that and do this instead. Please advise. Thank you.
A: Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be taken off calendar.
A:
To create a binding agreement for visitation that can be held up in court, you and the child's mother can create a written visitation plan outlining the agreed-upon visitation schedule, including dates, times, and locations. The document should be clear and specific, leaving no room for ambiguity or misunderstandings.
Once you have agreed on the terms, you can have the document notarized or signed by a judge to make it a legal and binding agreement. It's also a good idea to keep a copy of the document for yourself and for the mother of your child.
Alternatively, you can work with a family law attorney or mediator to create a legally binding visitation agreement that can be filed with the court. This option may be particularly helpful if you anticipate any disputes or issues that may arise in the future.
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