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Changing a custody order

bebe11bebe11 member
in Blended Families

Long story short, my SD has been staying with us A LOT more than she used to.  It is been EOW for a while now.  Currently the CO says that my H has SD one day a week for something crazy like 4 hours, and of course CS is also based off of this amount of time.

BM actually brought it up to my H that she wanted to get visitation and CS figured out, but is seems like she is leaving all of this up to my H, who really just sits on things and I think she knows this. 

I pulled up a website for family court in CA and it looks a lot easier than I thought to change the custody orders?  Is it really just a few forms that need to be filled out?  Then after these are filed with the courts, would we then have to request a modification for CS?

 

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Re: Changing a custody order

  • bebe11bebe11 member
    imagejobalchak:
    imagebebe11:
    imagejobalchak:
    imagebebe11:
    imagejobalchak:

    You're in OC, which is where I am so I can give you pretty straightforward advice...

    If DH and BM agree to change custody stuff, just call and set a mediation appt.  Usually they can fit you in within a couple weeks.  With the mediator DH and BM can write up a stipulation/agreement regarding custody and visitation and then take it to a Courtroom that same day to be signed off by a Judge.  Once that CO is done, it can be taken to DCSS (if they're handling CS) or else you file an OSC for CS modification and you'll have a hearing date in a month or so.

    This seems a lot easier than filling out all these forms!  Ok, so now getting my H to make that call.  Thank you!!

    Depending on which Court you're using, a lot of times they have DCSS people milling about the Court ready to handle these types of matters.  If you're lucky, this might all get ironed out the same day.

    I am pretty sure it would be the family court in Orange.

    Oh heck yeah. DCSS has people milling all over the 2nd or 3rd floor.  You'll see them at tables writing out stipulations with people all frigging day.

    Have DH run the calculator and see if he and BM agree to a number.  If they already agree to it, DCSS will have no problem writing up the stipulation and order right then and there! 

    BM refused to just come up with a number, in her eyes what the court says is what is "fair". When CS was first determined by the court, the clerk told my H to see if BM would agree to a lesser amount (because it was so high) and she said no. So I doubt he will even go there. Thanks for the info!!

     

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