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  1. #1
    alockwood Guest

    Stipulation to "Parent Plan"

    State of California:
    This is my first post, so ber with me!
    I recently spoke with an attorney regarding my situation with my daughter's father. We presently have joint custody (majority being mine, he has around 22%) and there is an existing court order for a "Parent Plan" or visitation schedule that was established through mediation 4 years ago. We were never married. Well, things have since changed. Her father has been dealing with some personal "issues" over the last few years. I decided to be blunt with him and ask him to agree to change the existing visitation order. To my surprise, he agreed to do just that. However, I donít entirely trust him given his present lifestyle choices and situations. So I want to make it official in my daughter's best interest, not to mention in a way that will not be overstepping the court. I was told that I could prepare a document identifying the NEW Parent Plan as agreed upon by myself and my daughters father. The attorney I consulted with informed me that I could enter this agreement as a Stipulation between us, and this could be issued as the new effective Court Order.
    I understand that part, but I was wondering if that is it.
    I have a document that I conjured up, and will have her father sign and date, along with my own signature. I also have the form I believe I need to process this Stipulation (FL-355 Stipulation and Order for Custody and/or Visitation of Children)
    But is this all I have to do? It seems rather simple....and that makes me nervous. Do I only need to write up the new agreement, both of us sign where needed on the plan and on the Court form. And file with my Family Law Court? Or is there something I am missing or not covering?
    Any advice will help. I am anxious to get this under way and not have it drag on.
    Please help!
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    My response:

    That's all you need to do, baby! Except, pay your filing fee and get the order signed.

    Here's a sample stipulation and order. "Massage" it to meet your specific needs. Good luck to you!

    ********************************************************..
    State Bar No. ****************************..
    ********************************************************..
    ********************************************************..




    Attorney for ****************************...





    SUPERIOR COURT OF THE STATE OF CALIFORNIA

    COUNTY OF **************...




    MARRIAGE OF ) CASE NO.: **************.
    )
    Petitioner, Barbara Baxter ) STIPULATION AND ORDER FOR
    ) MODIFICATION OF ORDER OF
    Respondent, Felix Baxter ) DECEMBER 29, .... RE:
    ) SPOUSAL SUPPORT, CHILD SUPPORT,
    __________________________ ) CHILD CUSTODY AND VISITATION


    IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:
    1. That the order of this Court heretofore entered on December 29,


    ...., shall be modified in the following respects only:


    a. Respondent shall pay to Petitioner as and for spousal support

    the sum of $500 per month commencing on April 1, .... and continuing on the

    first day of each calendar month to December 31, ....; Respondent shall pay
    to

    Petitioner as and for spousal support the sum of $250 per month commencing
    on

    January 1, .... and continuing on the first day of each calendar month to
    and

    including the payment due December 1, ..... All jurisdiction of this court
    to

    award to either party any spousal support shall cease and terminate
    absolutely

    on December 29, ..... Payments provided for in this paragraph shall be paid

    one half on the first day and one half on the fifteenth day of each
    calendar

    month. All payments for spousal support shall terminate upon the death of
    the

    payee.

    b. Respondent shall pay to Petitioner as and for the support

    of the minor child of the parties, Laurie L. Baxter, born April 14, 19 ...,
    the

    sum of $400 per month commencing on April 1, .... and continuing until the

    said minor child reaches the age of majority under the law of California as

    it presently exists, to wit, 18 years of age, marries or otherwise becomes

    emancipated, or until otherwise terminated by order of this court. Payments

    provided for in this paragraph shall be paid one half on the first and one

    half on the fifteenth day of each calendar month until terminated as
    provided

    herein. (CAVEAT: See Fam.C. Sec. 4065 for prerequisites to stipulated child

    support. CRC Form 1285.27 will be required.)

    c. Legal custody of the minor child of the parties, Laurie L.

    Baxter, born April 14, ...., shall be awarded to Petitioner and Respondent

    jointly, with primary physical custody awarded to Petitioner. Petitioner
    and

    Respondent agree that they shall each have an equal voice and
    responsibility

    in the decisions made relating to the education, religious training, and

    medical and dental treatment of the minor child, and that they shall
    consult

    and confer before any decision relating thereto is made, except that either

    party having physical custody may choose medical or dental treatment
    without

    consultation with the other in the event of an emergency.

    d. During the time that the minor child is in the physical

    custody of Petitioner, Respondent shall have reasonable visitation rights.

    Such reasonable visitation rights are defined as alternate weekends from 6

    PM Fridays to 6 PM Sundays commencing the first weekend after April 1,
    ....,

    during the first week of school Christmas vacation in .... from 6 PM on the

    last day of school until 10 AM on Christmas day, and from 10 AM on
    Christmas

    day until 6 PM on the last night before school resumes in ...., and
    alternating

    in like manner in years thereafter; during one week of school spring
    vacation

    in ...., and in alternate years thereafter; during forty-five consecutive
    days


    of the school summer vacation period, commencing not later than one week
    after

    the end of the school year or terminating not more than one week before the

    commencement of school in the next school year, and Respondent shall notify

    Petitioner of his election as to such period on or before May 1 of each

    calendar year.


    e. Neither party shall remove the minor child from the State

    of California for five or more consecutive days without first notifying the

    other, and no such stay outside the State of California shall be authorized

    if it conflicts with a time the other would be entitled to the physical

    custody of the minor child.

    This stipulation has been read and explained to each party by their

    respective counsel and each party acknowledges that it has been read and

    understood; and it is further agreed and understood that the court may
    modify

    the order of December 29, .... and may enter this order as the only order
    of

    court binding on the parties on the issues contained herein.

    DATED: March 18, ....

    /s/ /s/
    ----------------------------------- -----------------------------------
    Petitioner Respondent


    APPROVED: March 18, .....

    /s/ /s/
    ----------------------------------- -----------------------------------
    Attorneys for Petitioner Attorneys for Respondent




    ORDER


    Upon a reading of this stipulation regarding orders for spousal

    support, child support, child custody and visitation, and good cause
    appearing

    therefore, the foregoing stipulation shall become the Order of this Court

    upon its entry by the Clerk. The Clerk is ordered to enter this Order.

    DATED: March 18, ....


    /s/
    -----------------------------------
    JUDGE
  3. #3
    alockwood Guest
    thanks for that quick response! And that sample was helpful, thank you. I got right on it and hopefully I can get it all taken care of this weekend...

    Alana

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