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My ex-wife and I have been divorced time. She gave me

My ex-wife and I have...
My ex-wife and I have been divorced for some time. She gave me primary custody of our son 6 months ago(documented) I continued to pay support to avoid having to go to court. It has come time that a custody agreement needs to be submit and support terminated. We have agreed to this but are unsure how to submit this documentation and what needs submitted. Please help me. We would like to avoid any legal fees since there is common ground. Thank you
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Answered in 3 minutes by:
10/26/2015
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,498
Experience: Experienced Family Law Attorney
Verified

When the parties are in agreement, they can file what is called a stipulation. This is then submitted to the court, and the judge, so long as s/he does not object to the agreement, signs off on it and makes it a binding court order. There is no hearing unless something in the stipulation concerns the judge, in which case the judge will insist on a hearing. Let me see if I can find a sample stipulation.

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My ex-wife has custody of our children, and I want custody. Do I have to go to court to change custody?

Generally, you should go through the court to change custody. If you don't, then the original court orders will still be in effect. You could end up with the children living with you, and still have to pay child support, if the original court order had you paying child support.

If you and your ex-wife agree on changing custody, you can generally get custody modified without a court hearing. However, you should still have the court approve your agreement and change the court's order to make your custody a legal arrangement.

- See more at: http://www.indianalegalservices.org/node/28/modifying-child-custody#1 -

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I am unable to locate a sample stipulation specific to this state, but I have enclosed one that can be used as a template - one moment please.

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In the Matter of: ) ) Case No. ______________________ ________________________________, ) Petitioner, ) STIPULATION TO MODIFY and ) □ CUSTODY ) □ PARENTING TIME ________________________________, ) □ CHILD SUPPORT Respondent, ) □ SPOUSAL SUPPORT ) AN D and ) SUPPLEMENTAL JUDGMENT ) [ORS 107.135; 107.174] □ ________________________________, ) Child who is at least 18 and under 21 years ) of age, unmarried and unemancipated. ) Based upon the request and stipulation of the parties, as shown by the notarized signatures below, and it appearing to the Court that a judgment of annulment, dissolution of marriage, separation, or establishing paternity, custody and parenting time was granted in this case on , 20 , in case number ***** in the County Circuit Court, that the parties jointly request a modification of the custody, parenting time, child support, and/or spousal support provisions of this judgment; Now, therefore, IT IS HEREBY ORDERED that: 1. Custody: (a) □ The judgment with respect to custody remains in effect and unchanged. (b) □ Petitioner □ Respondent is awarded sole custody of the child/ren: (Names and years of birth), (c) □ The parties have agreed to joint custody of the following child/ren: (Names and years of birth), as described in the attached parenting plan, labeled “Exhibit 1.” 2. □ Father □ Mother shall have parenting time with the child/ren in accordance with ....3. Child support:

This can be used as a template with the facts of the particular case inserted, on pleading paper (available in word processing programs, online or at office supply stores)

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I did locate a stipulation for modification of child support - that is located here: http://www.in.gov/judiciary/selfservice/2346.htm

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Please let me know if you have any questions on the above; otherwise kindly rate positively so the site credits me for assisting you today. Thanks!

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Customer reply replied 2 years ago
Wow, that was a fast and very helpful respones

Great- glad to have helped! I know how frustrating the legal process can be. Also, some courts (depends on locale) have facilitators that will review the paperwork for free, so be sure and call your local family law clerk to see if they offer this service.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,498
Experience: Experienced Family Law Attorney
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Category: Family Law
Satisfied Customers: 11,498
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