My jurisdiction is: California, USA
I have a couple questions regarding how to file a modification of a custody/visitation order, but first I'll give a little bit of background info...
In 2004 my ex-wife and I divorced and we agreed to me having alternate weekend visitation with our daughter with joint legal and physical custody. Due to a change in my financial situation which allowed me to get a job with better pay and fewer hours, over the past 2 years I've had my daughter staying with me at least half of the time even though the court order wasn't changed. About a year ago my ex-wife called me and asked me to pick up our daughter and all of her belongings because she didn't want her to live with her anymore after an argument. Our daughter has lived with me full-time since.
When my ex-wife decided to move from California to Nevada she signed a notarized custody agreement stating that: I will be the primary custodial parent of our daughter. Custody will remain joint physical and legal. Our daughter will live with the me and have visitation with the her on school breaks (that part is vague - is a detailed schedule necessary?) I will pay for health insurance and both parties decline child support and will contribute to supporting our daughter while she is in their care.
My questions are:
Can I have my ex-wife sign form FL-355 (stipulation and order for custody and/or visitation of children) and attach our notarized custody agreement and file it with the court to be made an order or is the process more complicated?
Legal and physical custody and child support have been addressed in the custody agreement that I drafted. Is there anything else that is required to be included for it to be made a court order?
Is it necessary to include a visitation schedule? "on school breaks" is vague and probably not enforceable.
I have a couple questions regarding how to file a modification of a custody/visitation order, but first I'll give a little bit of background info...
In 2004 my ex-wife and I divorced and we agreed to me having alternate weekend visitation with our daughter with joint legal and physical custody. Due to a change in my financial situation which allowed me to get a job with better pay and fewer hours, over the past 2 years I've had my daughter staying with me at least half of the time even though the court order wasn't changed. About a year ago my ex-wife called me and asked me to pick up our daughter and all of her belongings because she didn't want her to live with her anymore after an argument. Our daughter has lived with me full-time since.
When my ex-wife decided to move from California to Nevada she signed a notarized custody agreement stating that: I will be the primary custodial parent of our daughter. Custody will remain joint physical and legal. Our daughter will live with the me and have visitation with the her on school breaks (that part is vague - is a detailed schedule necessary?) I will pay for health insurance and both parties decline child support and will contribute to supporting our daughter while she is in their care.
My questions are:
Can I have my ex-wife sign form FL-355 (stipulation and order for custody and/or visitation of children) and attach our notarized custody agreement and file it with the court to be made an order or is the process more complicated?
Legal and physical custody and child support have been addressed in the custody agreement that I drafted. Is there anything else that is required to be included for it to be made a court order?
Is it necessary to include a visitation schedule? "on school breaks" is vague and probably not enforceable.
