Filing for Child Custody in California
California law requires that an individual open a family law case with their county’s superior court before they can file a request for custody of their child. Here is how to file for child custody in California.
After an individual opens their family law case, they may complete a request for custody orders. When filing for custody a parent must decide if they will file for joint legal and/or physical custody or sole legal and/or physical custody. After completing a request for a custody order, they must take both the request and any documents relevant to the custody case to the court clerk (and pay the fee) in order to get the documents stamped and a hearing date set.
Asking for Child Custody Orders
A case must be opened before requesting custody orders. The following are the most common cases you can start to file for child custody in California, along with the requirements for requesting the orders.
- Married couples who are seeking to separate, divorce, or get an annulment must open a divorce or legal separation case. Once a case is open, a parent can ask for custody and visitation orders and can request temporary orders for custody and/or visitation while waiting for the verdict on the case.
- A person who is a survivor of their spouse’s abuse can file a domestic violence restraining order. After filing for the restraining order, an individual can ask for custody or visitation orders.
- For more information about custody cases involving domestic violence reference Domestic Violence and Child Custody
- To request child custody in cases concerning domestic violence, fill out this form
- Related: How Domestic Violence Affects Child Custody in California
- An individual who is unmarried or not registered as the other person’s domestic partner must open a parentage (paternity) case. After opening the case, an individual can request custody or visitation orders and a judge will determine who should have custody, along with the type of custody each parent will be granted.
Filing for Legal Custody
If a parent files for legal custody, they are filing for the right to make any and all decisions concerning the upbringing of their child, as well as issues concerning their child’s welfare. The decisions that a parent with legal custody has a right to make include, but are not limited to, issues such as medical care, the child’s education, the religious instruction that the child will be exposed to, and where the child will live.
If a parent is filing for sole legal custody, they have sole control over the child’s upbringing and welfare. This means that the parent with sole custody does not need to discuss matters concerning the way the child will be raised nor do they need to legally consider the wishes of the other parent. In order to be granted sole legal custody, an individual must prove that the child’s other parent is unfit of raising the child and should not be allowed to make the decisions that will dictate the child’s upbringing and future. Certain circumstances such as child neglect, domestic violence, and a history of substance abuse are some of the strongest influencers for deciding to grant sole legal custody, but it is neither limited to these cases nor guaranteed.
If a parent is filing for joint legal custody, they both have an equal right to make decisions concerning the child’s upbringing and welfare. Joint legal custody is commonly awarded and requires cooperation between both parents for the benefit of the child.
Related: Types of Child Custody and Visitation in California
Filing for Physical Custody
If a parent files for physical custody, they are filing for the right to have their child live with them. Physical custody dictates the location of the child and is independent of the decisions that dictate their upbringing and welfare.
If a parent is filing for sole physical custody they are requesting that their child live with them at all times and typically, requesting that the other parent has visitation rights. In order to be granted sole physical custody a parent is typically required to prove that it is in the child’s best interest to not have physical contact with their other parent. When filing for joint physical custody the parents must share the child, and an agreement is reached on how much time the child should spend living with each of their parents. Typically one parent is made the custodial parent while the other parent is granted visitation rights. The most common form of visitation rights include the child living with their other parent every other weekend, alternating major holidays, and a set number of weeks during summer vacations. While this is the modern custody arrangement, it can differ and be adjusted by the parents reaching a different agreement themselves.
What is the Actual Process of Filing for Child Custody?
Once an individual has opened the appropriate case and chosen the type of custody they would like to file for, they must begin the process of filing.
- Fill out the court forms
- Fill out the Request for Order in order to ask for a court date
- Attach any additional information that the judge should be aware of or taking into consideration
- A parenting plan that has been drawn up, proposal for the custody agreement, etc.
- Have the forms reviewed
- Ask the court’s family law facilitator to ensure that the paperwork has been filled out properly in order to proceed with the case
- Make copies of the forms
- An individual should make at least 2 copies of the form: one for them and one for the other parent. The court will keep the original document, so it is imperative that the copies be made before submitting.
- File the forms with the court clerk
- Submit the forms to the court clerk and pay the filing fee. If an individual cannot afford to pay the fee, they can ask for a fee waiver. The clerk will keep the original forms and return the copies to the individual stamped “filed.”
FAQS
Can I file for sole legal and physical custody?
A parent can file for both sole legal and physical custody but must provide evidence that sole custody is in the best interests of the child.
Can I file a new child custody order?
Child custody orders can be modified to fit the needs of a new lifestyle or new situation. To change an existing custody order, contact your local court.
Related: How to Get Sole Child Custody in California
Contact Us
If you or a loved one would like to know more about filing for child custody in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal issue. Get your free consultation with one of our experienced Child Custody Attorneys in California today!