Shocking Reason This Dad Got No Custody — Uncontested Los Angeles Divorce Explained

It is possible to file an uncontested, amicable divorce in Los Angeles where one parent explicitly does not seek custody. In a recent case, the petitioner stated they did not want any custody of their child. The courts approved the paperwork quickly through an e-file using a 24-hour filing service. The bottom line: not a problem if you don’t want custody.

What an uncontested divorce means for custody

An uncontested divorce means both parties agree on the major issues: property division, support, and parenting. When one party does not request custody, the divorce can still proceed — but the court will always consider the child’s best interests before signing off. Agreeing not to pursue custody in the divorce is different from permanently terminating parental rights. The court approves the agreement as long as the result is reasonable and in the child’s best interest.

How the process works in practical terms

1. Petition language mattersWhen you file, clearly state your intentions in the petition and settlement documents. If you do not want custodial time, that should be written into the parenting plan and the judgment paperwork.
2. Judge reviews the agreementThe judge examines whether the proposed arrangement serves the child’s best interest. If the paperwork is clear and the other parent can safely care for the child, courts often approve uncontested petitions where one parent declines custody.
3. E-filing and expedited services speed things upUsing e-file and a 24-hour filing service can move the papers through the clerk’s office quickly. In the example case, the filing was processed the next day and was approved.

Important distinctions and consequences

• Custody vs parental rights — Agreeing not to pursue custody in a divorce does not automatically terminate parental rights. Termination of parental rights is a separate and more complex legal process.
• Child support and financial obligations — Even if you choose not to have custody, child support rules can still apply based on income and the custodial arrangement. Make sure any support agreement is spelled out.
• Visitation and contact — Declining custody does not necessarily mean you waive all contact. The final parenting plan should detail visitation, communication, or the lack thereof.
• Court discretion — Courts retain discretion to protect the child. If a proposed agreement appears harmful, the court can reject it or require modifications.

Checklist for parents considering no custody in an uncontested divorce

1. Specify “no custody requested” in the petition and parenting plan.
2. Include clear terms for child support, healthcare, and decision making.
3. Decide whether you want visitation, supervised visits, or no visits at all and document that.
4. Confirm arrangements for legal custody versus physical custody in writing.
5. Use e-filing or a reputable filing service for faster processing, but double-check all documents before submission.
6. Consult a family law attorney to ensure the agreement is legally sound and protects your interests and the child’s welfare.

Final thoughts

Choosing not to seek custody in an amicable Los Angeles divorce is feasible and can be processed quickly when both parties agree and the paperwork is in order. Courts will still evaluate what is best for the child, and legal and financial consequences should be carefully considered. If you are thinking about this route, get the paperwork right and seek legal guidance so the agreement is binding, clear, and protects everyone involved.

“Not a problem if you don’t want custody.”