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In short, the agreement is not enforceable by a court. A signed and notarized agreement, if drafted properly, is enforceable as a contract between the parties for the distribution of property (equitable distribution) and alimony/support.
In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order.
In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order.
You can write up your own custody agreement (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. Custody X Change is software that creates professional custody agreements and parenting schedules.
You can change a custody agreement without going to court if you are able to come to an agreement with the other parent; however, if you and the other parent cannot agree, then you will have to go to court, so a judge can decide.
Both parents agree to change the custody order. If both parents agree about how the judgment or order should be changed, you can file your written agreement and some other forms. You do not need to serve a summons. You only have to go to a hearing if the judge orders one.
A court won't modify custody just because one parent could provide a more stable living environment than the child's other parent. Instead, a judge will modify custody only if some circumstance materially changed since the original custody order was issued.
If parents have joint legal custody, it is a good idea to include a declaration that states who will be responsible for the various types of decisions. This pertains to decisions regarding the child's education, medical care and treatment, religious upbringing and other important factors in your child's life.
Fill out your court forms. Fill out: Sign the stipulation. Both parents must sign the Stipulation and Order for Custody and/or Visitation of Children (Form FL-355. Have your forms reviewed. Make at least 2 copies of all your forms. Get the judge's signature on your stipulation. File your forms with the court clerk.
Decide what type of custody each parent gets. Describe your agreed upon arrangement. Provide a detailed visitation and parenting plan. Use positive language.
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