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Are there other forms that need to be filed with FL-355 when one has a notarized custody agreement signed by both parties?
Anonymous3 views1 answers
The parties live in California. The agreement states that the respondent will be the primary custodial parent of the child. Custody will remain joint physical and legal. The child will live with the respondent and have visitation with the petitioner on school breaks (that part is vague - is a detailed schedule necessary?) The respondent will pay for health insurance and both parties decline child support and will contribute to supporting the child while she is in their care.
If form FL-355 is signed by both parties and the notarized custody agreement is attached to it, is it ready to be filed with the court to be made an order?
Does the agreement need to be rewritten to include other information?
FL-355 is a Stipulation and Order for Custody and Visitation form--it normally isn't used to cover child support orders. The court normally orders child support by the "guideline" formula. California law states that for a support order to deviate from the guideline (which would include ordering $0 support if the guideline is more), the parties must not be on on applying for public assistance, and the court order must state:
(1) The amount of support that would have been ordered under the guideline formula.
(2) The reasons the amount of support ordered differs from the guideline formula amount.
(3) The reasons the amount of support ordered is consistent with the best interests of the children.
This language isn't found in FL-355 but it is reflected in the language of FL-350, Stipulation to Establish or Modify Child Support and Order. If an amount below guideline is agreed to, a party can always go back to the court and request it to be changed at any time, notwithstanding the parties agreement. For this reason, often attorneys will advise clients not to "give up" anything in property division or other negotiations in exchange for below-guideline support.
A visitation agreement normally includes at least enough of a schedule to determine the timeshare--the percentage of time with each parent.
This is general information, not legal advice tailored to your particular situation, and this does not form an attorney-client relationship. The agreement you described may or may not be in the best interests of the parties and children, depending on other information that is not given in the post. I strongly recommend that both parties consult attorneys regarding the contents of this agreement.
