When applying to the court for a custody order, review the child custody and visitation rights of the parents with your lawyer. They can help you understand the legalities surrounding your case. In addition, it will be less worrying if you know the process and what it requires.
Just call The More Family Group, and you will get an appointment. When you get to know how the judicial system works on child custody, it will be a less stressful and less financial burden for you.
Why is it essential? Your child custody lawyers have the skills and training to assist you in getting a fair custody order. Second, it’s convenient, so you won’t miss details and speed up the process. Third, having them as your support group saves time and resources.
What Is A Custody Order?
The term custody order is simply a court’s order made by the judge with the enforcement of the law on child custody and visitation. When it’s duly signed, it’s final and executable. You need to apply for another custody order when there are changes in circumstances, or you have revised your agreement.
Details On The Custody Order
Details on the custody order are:
- Amount of time spent with both parents.
- Travels, weekends, holidays, birthdays, and vacations.
- Sports, entertainment, religious training, education, and other extra-curricular activities for the children.
- Medical, dental, and other health care for the children.
- Permanent address of both parents.
- Other needs of the children.
On the custody order, the details are specific, so there won’t be any misconceptions or misunderstandings on the part of the parents, guardians, or other family members. Also, it is clear to all concerned the responsibilities of both parents to their children.
Safekeeping & Issuing Of The Custody Oder
Ensure that you keep a copy of a custody order in a safe place and also give a copy to someone who may be involved in your child custody and visitation, like the ex-spouse and other family members, including the grandparents, aunts, or uncles.
Enforcement Is Complicated
Enforcing a custody order is problematic because it involves emotions, affects financial resources, and children have their preferences. Also, you have other family members who may want to see the children. So you need to talk to your Newport Beach child custody lawyer for counsel.
In addition, problems may arise if the other parent could not comply with the stipulations of the custody order because of the change in circumstances. It may include work relocation, loss of employment, health problems, and disability due to accidents.
How Can A Newport Beach Child Custody Lawyer Help When A Parent Fails?
You may talk to the other party and give a reminder that the actions are contrary to the court order issued by the judge. When you cannot negotiate compliance, then you can take legal action. But inform your Newport Beach child custody lawyer first of the breach of contract. And remember to note all the incidence of non-compliance.
Negotiate Peacefully
Explore first every possible means to solve the problem peacefully if you are still on speaking terms with your ex-spouse. It is in the children’s best interest if both parents are civil. Emotional trauma is real so protect your children from getting upset and frustrated.
Call A Police Or Child Support Services
As the Newport Beach child custody lawyer may advise you, you may call the local police department to ask for assistance. Or you may contact the district attorney’s office and ask to be connected to the child support services. They will connect you to the Child Abduction and Recovery Unit.
These may have legal consequences for your ex-spouse, so you must consider your course of action carefully. Your Newport Beach child custody lawyer is highly trained to assist you step by step in following the guidelines when a problem occurs with the custody order.
File A Contempt Of The Court
When one parent fails to follow the details of the court order or to fulfill the obligations written on the court order, you can file a “contempt.” In addition, you can ask the court to note the willful disobedience of the other parent and to help enforce the court order.
How To Apply For A Custody Hearing With Your Newport Beach Child Custody Lawyer?
You must follow several steps when you already have an open case and want to apply for a custody hearing in court. But, if you don’t have an open case yet, you can review the kind of cases you can file with your divorce attorneys.
Fill out the request for Order Form or Form FL-300. It is a basic form to make a formal request with the judge for legal orders. When the judge issues the order, it is enforceable by the court’s contempt power. You must also fill out the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311).
In some cases, it does not need the other parent to show up to the court.
But if it works in your case to have the other party’s presence, ask your Newport Beach child custody lawyer about the Notices to Attend a Hearing and Subpoenas for further information.
Next is to review the forms. A Newport Beach child custody lawyer is skillful in examining all the stipulations in your paperwork. The details must be complete and accurate because you are filing these documents in court in compliance with your request for a hearing.
Make two copies of the forms. The original forms are with the court. You must retain one copy and serve another copy to the other parent. Then forward the document to the court clerk and have them stamped “Filed” and pay a fee. If you cannot pay the fee at that moment, you can ask for a waiver.
Get the date of the court hearing and a mediation hearing if you need one. Serve the copy of the form requesting a court hearing to the other parent before the set date with a blank form of the Responsive Declaration to Request for Order (Form FL-320).
It is best if you let your Newport Beach child custody lawyer serve the form to the other parent and not you personally. Then fill your proof of service appropriately, but you can let your divorce attorneys do this for you. Then, finally, you just have to attend your scheduled court hearing with your Newport Beach child custody lawyer.
How Does A Newport Beach Child Custody Lawyer Assist You To Apply For A Custody Order?
There are steps to follow when you already have an agreement with the other parent and want to get a custody order. A Newport Beach child custody lawyer is well-trained to assist you through the process.
Fill-Out The Forms
When you apply for a custody order, there are forms to fill out:
- Stipulation and Order for Custody and/or Visitation of Children (Form FL-355).
- Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341).
Other forms to supplement the two required documents are:
- Children’s Holiday Schedule Attachment (Form FL-341(C)).
- Additional Provisions — Physical Custody Attachment (FL-341(D)).
- Joint Legal Custody Attachment (FL-341(E)).
Sign The Forms
After you have filled out all the details, you need to affix your signature. The same is true with the other parent, both of you must sign the Stipulation and Order for Custody and/or Visitation of Children. Again, it shows that you both agree on what the form contains.
Review The Stipulations Paperwork
You may ask your Newport Beach child custody lawyer to review your stipulations paperwork regarding the completeness and accuracy of the details. Your child custody lawyer is highly skillful for this task to give you legal advice. Once you have submitted your paperwork to the court, you will undergo another process if you have missed some details.
Make Copies Of All The Forms
After reviewing your stipulation paperwork, then facilitate copies for the following:
- Your copy.
- Copy for the other parent.
- The original document goes to the court.
Ensure you have three sets of stipulations paperwork so that all parties get their files of the custody order.
Get The Judge To Sign The Forms
Bring all the original documents and the two copies to the judge for his signature. Ensure you follow the correct procedure for applying for a custody order. You may ask your court clerk, so you will know when your paperwork will be available for pick up.
File The Forms To The Court Clerk
When you return for your paperwork and have the signature of the judge, then let the court clerk stamp “Filed” on your paperwork. The original document is for the court clerk’s safekeeping, one copy goes to you, and another other copy goes to the other parent.
What Are The Types Of Custody Order In California?
There are three types of custody orders in California: emergency orders, temporary orders, and final orders. Again, you may discuss it with your Newport Beach child custody lawyer to give you an extensive explanation about each type of custody order.
Ponder what situations the three types of custody order you can best apply so you will be ready to take action in whatever circumstances. Understanding the purpose of each one helps you utilize them to protect the children. In fact, the custody order’s purpose is to establish the children’s care plan for both parents and enforce it to protect their welfare.
Emergency Orders
The emergency order is only temporary, and courts do not usually issue it except for grave situations like child abuse. Or if the other parent is moving the children outside California or the country without the court’s permission. Further, if you want to expedite the hearing of your case, then you can apply for an emergency order.
A day before the hearing, the applying parent must notify the other parent and has the option of attending but cannot present any information to the court. Then, with the help of a Newport Beach child custody lawyer, the requesting party must prove the danger posed to the children by showing evidence relevant to the hearing.
Emergency orders are in effect for 20 days until the next hearing. As explained, temporary orders are ex-parte or issued in the interests of the applying party only. At the next hearing, the other party can show evidence but not during the hearing for the issuance of the temporary order.
Temporary Orders
The court provides temporary solutions to the parents’ disputes regarding child custody and visitation. It can issue temporary orders if the situation cannot wait for the legal proceedings to finish. Therefore, they are like an interim custody order while waiting for the final orders.
Temporary orders specify who has custody of children during divorce litigation. It is in effect until the judge issues a final order. A judge can modify it while the litigation is in progress if the parents have created another agreement. Just be cautious about the details because they might be the judge’s basis in issuing the final order.
Final Orders
The final orders give more specifics on the legal custody and physical custody of the children. A parent with legal custody makes essential decisions for the children, while a parent with physical custody is where the children live.
It’s possible to have sole or joint legal custody, but only one parent can have physical custody while the other has visitation rights. Therefore, it’s preferable to include a specific schedule in the custody order of the other parent’s visitation rights. In this way, it avoids conflicts and issues in the future.
The most preferred way to reach final orders is settling, where both parents draw up the terms of agreement of the custody order and the judge signs it. Another way is the judge’s ruling according to the evidence presented by the two parties. So if one parent has a cause for dispute, the case is brought to the higher court or filed a motion canceling or modifying the final order.
How To Modify A Final Order?
A modification of the final order happened when both parents reached another agreement. They put it into writing, sign it, and present it to the judge for approval. Another way is when one parent asks the court to modify its ruling. Both parents made another agreement through mediation or court hearings.
So, there are two ways to modify a final order before the children reach 18. First, both parents have created a new plan. Second, when there is a request from one parent for modification. The court gives these provisions in the children’s interest and to make it easy on the parents.
Though the courts allow a no-fault divorce in California, which may affect all family members, it is still concerned with each citizen, especially the children. The children are the foremost consideration because of their age and vulnerability. They still need parental care until they reach the age of 18 when they become a legal adult and can decide on their own.
How To Impose A Final Order With The Help Of A Newport Beach Child Custody Lawyer?
When the other parent does not comply with the custody order, you use your private journal or actual parenting time tracker to jot down your notes. If you decide that the habitual violations warrant a contempt of court, contact your Newport Beach child custody lawyer to seek legal advice or assistance.
The courts in California are providing the necessary tools to help parents comply with the final order. You can also use it to monitor and document your progress. Also, you can check them out to measure your compliance itself. Then, when they show that you need to change the agreement, you have a document to present to the court requesting a modification.
How To Comply With A Custody Order?
Compliance is mandatory when the custody order is final, or when a judge has issued the final order. You and the other parent are answerable to the law when you fail to comply with all the custody order details. Therefore, when making a custody agreement, you must talk to your child custody lawyer to help finalize the details.
Non-compliance with the court is a criminal offense, and you don’t want that at all. A criminal case is another issue with the law on top of divorce and child custody. Your cases are piling up over you if you don’t comply with the court orders. So it’s crucial that what you write on the child custody and visitation agreement is fair and viable for both parties.
There is another form you may use to easily keep track of if you comply with the details of the custody order. It is the Custody X Change for parents and a form for the legal professionals. Transform it into a calendar so you can edit and print it.
The Moore Family Law Group Can Assist In Asking For Custody Order
The family court in California issues the custody order, a document that provides the child care terms and conditions for both parents. It is enforced by the law and under the court’s contempt power. So, using a custody order to establish the custody of the children legally is a protection of their rights.
Along your legal journey is the Moore Family Law Group in Newport Beach CA assisting you from applying for a court hearing to compliance with the custody order. They are highly trained lawyers to handle your case, and you will feel confident that they will help you reach a fair agreement.