What You Need to Know How to Get Child Custody Without a Lawyer in California
It is possible to get child custody without a lawyer, although it varies by circumstance. Here’s how to get child custody without a lawyer in California.
In some cases, parents can file a petition for custody on their own. In other cases, parents may sign a stipulation outlining their custody plans. In both scenarios, parents are able to get child custody without a lawyer.
Methods to Get Child Custody Without a Lawyer
Parenting Plans
A parenting plan is a written agreement made by a child’s parents to outline the schedule for when the child will be with each parent, and how the parents will make important decisions about the child’s life. In order for the parenting plan to become a court order, and thus, enforceable, it must be signed by both parents, a judge, and filed with the court.
A parenting plan should include the parents with legal and physical custody. Legal custody refers to which of the parents will make important decisions about the children, like that of education, health, religion, etc. Physical custody refers to where the children live and how they spend their time.
Related: Legal vs Physical Custody in California: The Difference
How to Write Up the Parenting Plan
1. Fill out the proper court forms
- Stipulation and Order for Custody and/or Visitation of Children form [FL-355]
- Child Custody and Visitation Order Attachment Form [FL-341]
Other helpful forms:
- Child Custody and Visitation Application Attachment form [FL-311],
- Supervised Visitation Order form [FL-341(A)],
- Child Abduction Prevention Order Attachment form [FL-341(B)],
- Children’s Holiday Schedule Attachment form [FL-341(C)],
- Additional Provisions — Physical Custody Attachment form [FL-341(D)],
- Joint Legal Custody Attachment form [FL-341(E)]
2. Both parents must sign the Stipulation and Order for Custody and/or Visitation of Children [form FL-355].
3. Make two copies of the forms.
One copy is for each of the parents. The original forms are for the court.
4. Turn in the original forms and two copies of your signed stipulation to the judge for the judge’s signature.
5. File the forms with the court clerk.
Once the judge signs, the stipulation should be filed.
Petition for Custody
In some cases, parents may file the Petition for Custody and Support of Minor Children to ask for child custody and visitation orders. However, this is only applicable in the following circumstances:
- The parents are married to each other or are registered domestic partners and do not want a divorce, legal separation, or annulment but want a court order for custody and visitation,
- The parents are not married but have already signed a Voluntary Declaration of Paternity and now want a court order for custody and visitation,
- The parents are not married but have a legally adopted child and want a court order for custody and visitation, or
- The petitioner and respondent have been determined to be a child’s parents in a juvenile case and now want a court order for custody and visitation
How to Start a Case with a Petition for Custody
1. Fill out the proper court forms
- Petition for Custody and Support of Minor Children form [FL-260]
- Summons (Uniform Parentage—Petition for Custody and Support) form [FL-210], and
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form [FL-105/GC-120]
2. Make two copies of all the forms
One copy is for each parent and the original forms are for the court.
3. File the forms with the court clerk and pay the appropriate filing fee.
4. Serve the papers to the other parent
Someone, besides the petitioner, must serve the other parent in person with a copy of the papers and a blank Response to Petition for Custody and Support of Minor Children form [FL-270] and a blank UCCJEA form.
5. File the Proof of Service
The server must fill out a Proof of Service of Summons (Family Law—Uniform Parentage—Custody and Support) form [FL-115] and give it to the petitioner to file with the court.
Related: How to File for Child Custody in California
Contact Us
Before attempting to get child custody without a lawyer, contact us. Get your free consultation with one of our experienced Child Custody Attorneys!