Didn't include child

[Kinectedgirl]

California
If our divorce is finalized and we both agreed to not include our child on the divorce papers, what happens if we have to go to court for custody?
We said that we had no children.

 

[Just Blue]

California
If our divorce is finalized and we both agreed to not include our child on the divorce papers, what happens if we have to go to court for custody?
We said that we had no children.

So you lied? Why would you do this?

 

[justalayman]

So you lied to the court? Did anything you sign state that falsifying the document is perjury?

I wouldn’t expect a court to be too friendly given your deception

 

[stealth2]

p/x...

Why would you not include the child?

 

[Kinectedgirl]

We wanted to have a fast divorce

 

[Just Blue]

We wanted to have a fast divorce

So you committed perjury to get it done? How very bright. Was the child conceived after filing for divorce or was the child already born?

 

[stealth2]

We wanted to have a fast divorce

That was more important than making sure issues wrt the child were addressed? Why?

 

[justalayman]

I suppose in a worse case scenario you could be criminally prosecuted or the divorce annulled. Wouldn’t that be fitting given your desire to have a quick divorce?

 

[Kinectedgirl]

Child was already born. We didn't want the courts to say how long what parent gets her and when. I did not want to get child support involved.

 

[Zigner]

Your divorce could be reversed due to your fraudulent filing(s).

 

[Just Blue]

Child was already born. We didn't want the courts to say how long what parent gets her and when. I did not want to get child support involved.

Yeah...that worked out well for ya as you are now needing a parenting order a few months after the divorce.
You could have achieved that without lying. I suggest you both confer with separate attorneys.

 

[Kinectedgirl]

Yeah...that worked out well for ya as you are now needing a parenting order a few months after the divorce.
You could have achieved that without lying. I suggest you both confer with separate attorneys.

No, I'm not looking to get any orders, I'm just asking in general

 

[Just Blue]

No, I'm not looking to get any orders, I'm just asking in general

Oh! Okay...In general IF you go to court for custody Judge will ask how you came to have a child born during the marriage when you swore under oath that there were no children born of the marriage. S/He may invalidate the divorce and suggest to the DA's office you be charge with perjury.

 

[stealth2]

I'm obviously dense today, but I don't see why either of you thought this was a brilliant thing to do. Did you perhaps not realize that, as long as you agreed, you could work outside ordered parenting time?

 

[not2cleverRed]

We wanted to have a fast divorce

Child was already born. We didn't want the courts to say how long what parent gets her and when. I did not want to get child support involved.

Let's just say...

There was no good reason for what you did.

You could have proposed a wishy-washy parenting plan saying something stupid like "the parties agree to split parenting time and responsibilities equally and waive child support", or something similar but in more appropriate legalese. (<-- I am not a lawyer.) And yes, there really are people who legally divorce, declare their children as products of the marriage, share joint custody and agree to non - guideline child suppoprt as part of their decree.

So, in conclusion: you have created a bit of a legal mess that might require an actual lawyer to untangle, because you wanted to do things quick and sloppy.