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

Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

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

A: Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should consider:

1. Legal custody agreement: For the custody agreement to be legally enforceable, it should be submitted to the court and approved by a judge. The judge will review the agreement to ensure that it is in the best interests of the children.

2. Child support: Even with a notarized agreement, you can still petition the court for child support. California law requires both parents to financially support their children, and the amount of child support is determined by state guidelines, which take into account factors such as each parent's income, the amount of time the children spend with each parent, and the children's needs.

3. Seek legal assistance: Given the complexity of your situation, it is highly recommended that you consult with a family law attorney who can assess your case, help you understand your rights, and guide you through the legal process of formalizing the custody agreement and seeking child support.

4. Gather financial documents: To support your case for child support, compile financial documents such as pay stubs, tax returns, and proof of expenses related to your children (e.g., medical bills, school expenses, etc.).

While the notarized document is a good starting point, it is essential to work with the court system to ensure that your custody arrangement is legally binding and that your children receive the financial support they are entitled to under California law.

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