[CA] My wife and I are getting a divorce. She says I can have our 4-year-old child. What documents should I have her sign releasing her parenting rights and not to come after me for alimony?
August 10, 2025
A settlement agreement can be a good step, as it would set the terms of the divorce.
California Courts guide on making decisions and writing agreements has some excellent instructions and forms. Although, if she leaves without anything signed, you could still request full custody in the divorce.
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My wife and I are getting a divorce. She says I can have our 4-year-old child. What documents should I have her sign releasing her parenting rights and not to come after me for alimony?

I understand this must be a difficult time for you. Have you and your wife discussed custody and alimony arrangements with the help of a family lawyer?

Yes.

Have you considered creating a formal parenting plan outlining custody arrangements for your child?

I don’t know.

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with custody arrangements.

No.

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns. So I can best help, in what state are you divorcing?

California. We were married in the Philippines. We have been married for almost 6 years.

Thank you for clarifying that. Have you formed any settlement agreement?

No. Nothing as of right now, just that she wants to go back to the Philippines and I can have the baby.

A settlement agreement can be a good step, as it would set the terms of the divorce.
California Courts guide on making decisions and writing agreements has some excellent instructions and forms. Although, if she leaves without anything signed, you could still request full custody in the divorce.

Is there a document I can construct where she can sign to release custody and alimony?

You could construct the settlement order:
Sample MSA Addendum (Stanislaus County Courts) — this would essentially form the agreement that would become your divorce decree.

So sorry! Let me clarify. When you divorce, the final decision on everything is called your decree. That covers ending the marriage, custody, and any division of assets. When your spouse agrees to all the terms, including custody, you can form what’s called a settlement agreement. It just says what was agreed regarding assets and custody, and you both sign it.

If I can be of help, please let me know.
