Pop Superstar Britney Spears and her husband Kevin Federline have agreed to a temporary child custody agreement for the month of January.
Under the terms of the agreement that was filed in Los Angeles County Superior Court, Spears and Federline-they are in the middle of the divorce process-will share legal custody of sons Sean Preston and Jayden James. Spears, however, will retain a majority of the physical custody over her two sons while Federline may only spend four hours a day on Mondays, Wednesdays, and Fridays with the boys. During those time periods, although Spears can be physically present, no one is allowed to interfere with Federline’s time with his sons. Federline is also granting permission for Spears to take their sons outside California to Florida for several days.
In her divorce petition, Spears requested sole legal and physical custody of their sons. A few days later, Federline made the same request.
Nolo.com tells you what you need to file for a temporary order in a custody case:
· A request for the court order you want. In some states, the forms you need are called an Application for Order to Show Cause (OSC) and an Order to Show Cause. An Order to Show Cause is a simple, fill-in-the-boxes legal form or short typed legal document that sets out what you are asking for — such as a temporary child support order. It orders your spouse to come to court at a specific date and time and explain (“show cause”) why the court should not grant this request.
· A supporting declaration. This is a written statement, under penalty of perjury, setting out facts that legally justify the issuance of the temporary order — for example, the need for money to support your children. You can also submit declarations of other people who have first-hand knowledge of the facts.
· A proposed temporary order granting you the relief requested. This order will be signed by the family court judge if the judge grants your request.
· A proof of service. This is a document that proves to the court that the papers have been properly delivered to your spouse.
Your next step is to attend the court hearing where the judge-before making a decision-will:
· Review the details of the requests and the underlying facts.
· Possibly ask you some questions.
· Ask your spouse, if present, for his or her side of the story.
Sagaria Law, P.C. represents clients in child custody, divorce, child support, spousal support, and other family law-related matters. With our offices conveniently located in San Jose, Monterey, and Fremont, many of our clients come from Northern California, including Monterey County, Santa Clara County, and Alameda County. For a free, no obligation consultation, contact Sagaria Law, P.C. today.
Britney & K-Fed Agree to Temporary Custody, TMZ.com, January 5, 2007
How To Ask For A Temporary Order, Nolo.com
Related Web Resource:
Spears-Federline Custody Agreement, January 5, 2007 (PDF)
Spears Divorce Petition (PDF)