What You Need to Know About California’s Child Custody Process
Navigating child custody issues – and possible divorce proceedings prior to this – may be very challenging. Here’s what you need to know about California’s child custody process.
The term “child custody” refers to the rights and responsibilities shared between two parents for taking care of their child/children. There are numerous ways to open a custody and visitation case. One way is to reach a settlement with the other parent and have a judge sign the agreement. Parents may also consider mediation, collaborative divorce, arbitration, or litigation. This article details the process if one chooses to settle or litigate with or without an attorney.
Opening a Case
If the parent/s in question have not already, they may begin the child custody process by opening a family law case with their county’s superior court. One may open a case for a divorce, legal separation, annulment, or a domestic violence restraining order. Once an individual has started one of these cases, he or she can ask for custody and visitation orders.
Completing Court Forms
Once a family case law is open, one may proceed to make custody and visitation requests. In filling out such forms, one must complete the Request for Order (Form FL-300). Additionally, the parent can also fill out the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311). Form FL-311 is an optional form; the parent does not need to complete it. However, one may find it helpful in ensuring that all details are covered in the custody and visitation request. Form FL-311 contains numerous details on scheduling visits for holidays and other significant dates which might provide the parent with more insight into the best course of action.
Related: How to File for Child Custody in California
Having Court Forms Reviewed
If the parent has a family law facilitator or a self-help center available to them through their court, they should consider asking either of the resources to review the custody and visitation request. The parent can also hire their own lawyer to review the requests and/or receive legal advice.
Making Copies of the Court Forms
The parent should make at least 2 copies of all relevant forms. One copy will be for the parent in question and the other copy will be for the child’s other parent. The original forms are for the court.
Filing Forms with Court Clerk
Take all three copies of each form to the appropriate court clerk. He or she will keep the originals and return the copies to the parent. It is important to bring all forms – including copies – as the copies will be stamped as “Filed” for the parent’s own records. The parent may have to pay a filing fee. However, if the parent cannot afford a fee, he or she may be eligible for a fee waiver.
Serving Papers on the Other Parent
At least 16 court days prior to the hearing, an individual over the age of 18 not involved in the case must deliver the papers to the other parent in person. The individual must also deliver a blank Responsive Declaration prior to the court date. In some cases, the papers may be mailed to the other parent. Make sure to check the “Court Order” section of the Request for Order. Regardless of the delivery method, the individual who delivered the papers will need to complete either a Proof of Personal Service or Proof of Service by Mail.
Attending Mediation and Court Hearing
Depending on the rules of the local court, parents may be required to go to mediation prior to their court date. If an agreement is not reached during mediation, the involved parties must attend a court hearing. Make sure to bring a copy of all relevant documentation and Proof of Service.
Related: 9 Factors That Affect Child Custody in California
Receiving Final Custody Orders
A judge will have to sign a final custody order to bring the custody process to a close. If a parent believes they have reason to contest the court’s decision, they may choose to appeal to a higher court and restart the entire legal process.
FAQs About California’s Child Custody Process
What is an orientation in the child custody process?
In some local courts, parents are required to attend an orientation prior to a mediation. In an orientation class, parents are offered important information on child development, effective parenting plans, and other resources the parents might find helpful for the child custody process.
What if we resolve custody and visitation issues during mediation?
In some cases, parents are able to reach an agreement during mediation. If this is the case, the mediator will help the parents write up an agreement for the judge to sign, making it a court order. However, if an agreement is not reached in mediation, the court hearing will proceed as expected.
Related: How to Set Up Child Custody Mediation in California
How can I request a modification of the existing custody order?
As the child grows older, their needs and lifestyles inevitably change. It is common that orders are modified several times based on changing circumstances. In this case, parents may work together in developing a new parenting plan, or one can request to modify a custody order.