Home > Research Legal Advice > Child Custody > 6 year old coming to live with his father for the school year
Asked 4 months ago - Sacramento, CA
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My 6 year old stepson is going to come to live with my husband and I for the school year at his mother's request. She has communicated that he has been having some behavioral problems at school and thinks that it would be beneficial for him to be with his father for a while. We are preparing a stipulation agreement for the two of them to sign and have notarized prior to my stepson moving in. What is the process to have this stipulation agreement made into an actual court order? We have had problems with her violating prior court ordered custody arrangements and want to ensure we make this custody arrangement as iron clad as possible.
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The process depends upon where the child resides. If you are all in California there are forms that are filed. If the child resides in another state or another state has jurisdiction over the child you should consult an attorney in that state. Otherwise if the child is in Sacramento, your family court should have a family law facilitator's office that will help you with what forms are needed.
The agreement needs to be placed in the proper format, signed by the parties with a provision that sets out, It is so ordered with a place for the judges signature. Unless this is set up correctly, signed by the judge and filed with the court it is not an enforceable order. I would hire a family law attorney to prepare the document for you to ensure that you will have an enforceable document without delay.
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