Stipulation and Order for Custody and/or Visitation of ...

1 STANISLAUS COUNTY SUPERIOR COURT. Family Law - 1100 I Street, Modesto, CA 95356. 209-530-3100. Self Help Center 800 11th Street, Room 220, Modesto CA 95356. Phone 530-3299. Revised 7/12. Stipulation and Order for Custody and/or Visitation of Children Packet Judicial Council forms, local forms and information are available in the Clerk's Office, the Stanislaus County Law Library located at 1101 13th Street, Modesto, and on the following Websites: Stanislaus County Superior Court: Stanislaus County Local Forms: Judicial Council's Self Help: Judicial Council Forms: Stanislaus County Law Library: Free Interactive Electronic Forms Program: California's Free Website for Legal Help: Law Libraries, Websites, or Self-Help Legal Books: NOTES: A Stipulation is an agreement between both parties.

2 Both parties MUST sign the FL-355 form. Submit the original Stipulation and Order (FL 355) plus 2 copies to the Court. Include a self-addressed stamped envelope and we will mail the copies back to you after they have been reviewed by the judge. Both parties must have already paid their 1st appearance fees in this case. If either party has not paid, you MUST submit the fee with this Stipulation . Material distributed by the Superior Court Clerk's Office or Self Help Center IS INTENDED FOR INFORMATIONAL AND. EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a licensed attorney before starting or completing your case in Order to protect valuable legal rights that you may have, of which you may be unaware of.

3 Please contact an attorney of your choice or contact the LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a referral. The Clerk's Office cannot give you legal advice. FL-314-INFO child Custody Information Sheet child Custody Mediation Are there other ways to resolve our dispute? Where can I get help? Yes. You may try other alternative dispute This information sheet gives only basic information resolution (ADR) options, including: on the child Custody process and is not legal advice. If you want legal advice, ask an attorney for 1. Meet and Confer: Parents and their attorneys (if assistance. For other information, you may want to: any) may meet at any time and as often as necessary to work out a parenting plan without a court hearing. If 1.

4 Contact family court services. there is a protective Order limiting the contact between the parents, then the meet and confer can be through 2. Contact the family law facilitator or self-help attorneys or a mediator in separate sessions. center for information, local rules and court forms, and referrals to local legal services providers. 2. Settlement Conference: In some courts, parents may meet with a judge, neutral evaluators, or family 3. Find an attorney through your local bar law attorneys not involved in the case to discuss settlement. Check with the local court to find out if this association, the State Bar of California at is an option. If there is a protective Order , the settlement , or the Lawyer Referral Service discussion can be through attorneys or a mediator in at 1-866-442-2529.

5 Separate sessions. 4. Hire a private mediator for help with your 3. Private Mediation: Parents may hire a private parenting agreement. A mediator may be an attorney mediator to help them resolve their dispute. or counselor. Contact your local bar association, court ADR program, or family court services for a 4. Collaborative Law Process: Each parent hires a referral to local resources. lawyer and agrees to resolve the dispute without going to court. The parents may also hire other experts. 5. Find information on the Online Self-Help Center website at Court Hearing When the parents cannot agree to a parenting plan 6. For free and low-cost legal help (if you qualify), on their own, in mediation, or in any other ADR go to process, the judge will decide. 7. Find information at your local law library or ask If there is domestic violence or a protective Order , a at your public library.

6 Parent may be able to bring a support person with 8. Ask for a court hearing and let the judge decide him or her to the court hearing, but the support what is best for your child . person may not speak for that person. Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to for Request for Accommodations by Persons with Disabilities and Response (form MC-410). (Civil Code, ). Revised January 1, 2012 FL-314-INFO, Page 2 of 2. child Custody Information Sheet . child Custody Mediation FL-314-INFO child Custody Information Sheet child Custody Mediation Parents who come to court about child Custody What if there is domestic violence or a and parenting time ( Visitation ) face decisions about parenting plans for their children.

7 This protective Order ? information sheet provides general information If there is domestic violence or a protective about child Custody and parenting time matters, Order , talk with an attorney, counselor, or how to get help resolving a Custody dispute or mediator before making a parenting plan. making a parenting plan, where to find an attorney, and where to find other resources. For domestic violence help, call the National Domestic Violence Hotline at 1-800-799-7233. What is a parenting plan? (TDD:1-800-787-3224) or call 211 if available in your area. A parenting plan describes how the parents will divide their responsibilities for taking care of their child . What if we don't have a parenting plan? The plan may include a general or specific If you can't reach an agreement, the court will refer schedule of days, times, weekends, holidays, you to mediation with family court services (FCS) to vacations, transportation, pick-up/drop-off, limits try to work out a parenting plan.

8 On travel, counseling and treatment services, and What is mediation with family court services? other details. Family court services (FCS) provides mediation to What are legal and physical Custody ? help parents resolve disagreements about the care of A parenting plan usually includes: their child . The mediator will meet with you and the other parent to try to help you both make a parenting Legal Custody : how parents make major plan. An orientation may be provided that offers decisions about the child 's health, education, additional information about the process. and welfare;. Physical Custody : where the child lives; and If you are concerned about meeting with the other parent in mediation, or there is a domestic violence Parenting time, time-share, or Visitation : issue or a protective Order involving the other parent, when the child spends time with each parent.

9 You may ask to meet alone with the mediator without the other parent. You may also request to have a Legal Custody and physical Custody may support person with you at mediation. The support each be specified as joint (both parents have person may not speak for you. certain responsibilities) or sole (one parent has the responsibility alone). Do we have to agree to a parenting plan in Can we make our own parenting plan? mediation? Yes. You have a right to make a parenting plan No. You do not have to come to an agreement in agreement on your own. This agreement may be mediation. When the parents can't agree, the judge called a Stipulation , time-share plan, or parenting will decide. For legal advice, contact an attorney. plan. For other information, ask the self-help center or family court services about how the process works in If both parents can agree on a parenting plan, the your court.

10 Judge will probably approve it. The agreement becomes a court Order after it is signed by both parents and the judge, and filed with the court. Judicial Council of California, FL-314-INFO, Page 1 of 2. Revised January 1, 2012, Optional Form child Custody Information Sheet . child Custody Mediation FL-355. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY. TELEPHONE NO: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS. STREET ADDRESS: 1100 I Street MAILING ADDRESS: PO Box 1098. CITY AND ZIP CODE: Modesto, CA 95353-1098. BRANCH NAME: PETITIONER: RESPONDENT: OTHER: CASE NUMBER: Stipulation AND Order FOR Custody . and/or Visitation OF CHILDREN. MODIFICATION. The parties signing this Stipulation agree that: 1.