Torrance, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: We need a stipulation order for Temp Joint Custody?

On June 5, a judge ordered temporary Joint Custody based on my Ex Parte filing. Our RFO custody hearing is scheduled for the end of August. Despite the Emergency Joint Custody order, my wife is still insisting on sole custody and dictating my visitation schedules, thus disregarding the court order. I haven't seen my 3-year-old son due to this. I have requested parenting time for Father's Day weekend, from Saturday to Monday, via her YWCA attorney, and I am currently waiting for their response. In my request email, I asserted, "This email is enforceable, and if I were to violate anything during my Father's Day parenting time, I would forfeit all my custody rights." Given the circumstances, do we really need a stipulation order? Is it already too late for the judge to sign off in time for Father's Day weekend? Moreover, if both parties agree on a temporary parenting plan and trust each other to abide by it, is a stipulation order necessary? Thank you!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Certainly! It's important to consult with a family law attorney for personalized advice, but here's some general information:

If your ex-wife is not adhering to the temporary joint custody order and dictating visitation schedules, seeking legal remedies may be necessary. A stipulation order can formalize the agreement between both parties, ensuring clarity and compliance. It's best to consult with an attorney promptly to determine if there is enough time to obtain the order before Father's Day weekend. Even if both parties agree on a temporary parenting plan, having a stipulation order in place provides legal protection and a written record of the agreed-upon terms.

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