What You Need to Know About What to Do If Your Ex Refuses to Co-Parent in California
Child custody court orders vary by circumstance and are subject to change. Here’s everything you need to know about what to do if an ex refuses to co-parent in California.
Child custody is granted differently in each and every case. Depending on when an ex refuses to co-parent can affect how custodial rights are awarded.
Types of Custody
There are two kinds of child custody: legal custody, which is awarded to the person who will make important decisions for their child, and physical custody, which is awarded to the person the child will live with.
Related: Legal vs Physical Custody in California: The Difference
Legal custody can either be joint, where both parents share the responsibility in making important decisions for their child’s life, or sole, where only one parent holds such responsibility. The same goes with physical custody where joint refers to a child living with both parents, and sole, where the child only lives with one parent.
Related: Sole Legal and Physical Custody in California
Types of Visitation Orders
Visitation, also called Time-Share, refers to the plan for how the parents share time with the children. Visitation orders, like custody orders, vary by circumstance, but are typically determined considering the best interests of the child. Here are the different types of visitation orders:
Visitation according to a schedule
In visitation according to schedule, parents outline dates and times that the children will be with each parent. It is recommended to include holidays, special occasions, and vacations.
Reasonable visitation
Reasonable visitation is usually open-ended and does not detail dates and times. It allows parents to work between certain days.
Supervised visitation
In some cases, supervised visitation is granted. In this kind of visitation, the child’s safety and well-being require visits with the other parent, another adult, or a social worker.
No visitation
When no visitation is granted, the child may be in physical or emotional harm – even when visiting a co-parent with supervision. Thus, no contact is permitted between the child and said parent.
Situations Where an Ex Refuses to Co-Parent Before a Child Custody Court Order is Made
If one refuses to co-parent a child, then a judge may determine that it is in the child’s best interest to award the agreeing parent full custody rights to the child. To decide what is the best interest for a child, a court will consider:
- the age and health of a child,
- the emotional ties between the parents and the child,
- the ability of the parents to care for the child,
- the family’s history of violence or substance abuse, and
- the child’s ties to his community, school, and home
Related: How The Child’s Best Interests Are Determined in California
In the situation where one parent refuses to co-parent, the court may use its discretion to award the custody rights to one parent. The court may require (depending on circumstance) that the refusing parent pay child support instead.
Situations Where an Ex Refuses to Co-Parent After a Child Custody Court Order is Made
Once a judge makes an order about child custody and visitation, it becomes a court order and, thus, becomes a force of law. If one parent does not follow the custody and visitation court order there are a few options.
- A parent may contact the police department and ask them to enforce the order.
- A parent may file an action for “contempt” with the court, in which the parent is asking the court to enforce the order and make a finding that the other parent willfully disobeyed the court order.
How to Change a Custody and Visitation Court Order
If parents can agree on changes to a court custody order, they can change their court order through an agreement. This is typically referred to as a parenting plan.
If the parents cannot agree on a change, one of the parents must file with the court asking for a change of the current custody and visitation order. In order to do so, a parent must show that there has been a “change in circumstances” since the final custody order was made. This typically means that there has been a significant change that requires a new agreement for the best interest of the child.
Related: How to Modify Child Custody in California
Parenting Plan
If an ex refuses to co-parent and is willing to change the custody order, the parents may come up with an agreement, known as a parenting plan, to change their order. Here are the steps to do so:
1. Fill out these court forms:
- The Stipulation and Order for Custody and/or Visitation of Children Form (FL-355)
- The Child Custody and Visitation Order Attachment Form (FL-341)
2. Sign the Stipulation and Order for Custody and/or Visitation of Children (Form FL-355).
Both parents must sign this form.
3. Make two copies of the forms.
One copy for each of the parents. The original is for the court.
4. Turn in the original forms and two copies of your signed stipulation to the judge.
Submit the forms to obtain the judge’s signature.
5. File the forms with the court clerk.
Once the judge signs, the stipulation should be filed.
How to Ask for a Court Hearing to Change an Existing Custody and Visitation Order
1. Fill out the proper court forms:
Fill out the Request for Order form (FL-300).
2. Make two copies of the forms.
One for each parent, and the original for the court.
3. File the form and pay the appropriate fees.
The clerk will keep the original for the court and return two of the copies to the petitioner, stamped, “filed.” The clerk will typically give the petitioner a court date.
4. Serve the papers to the other parent
Someone, besides the petitioner, has to serve the other parent with a copy of the papers and a blank Responsive Declaration to Request for Order form (FL-320) before the court date.
5. File the Proof of Service
The one serving the papers must fill out a Proof of Personal Service (FL-330) and give it to the petitioner to file with the court. If the papers were served by mail, have the server fill out a Proof of Service by Mail form (FL-335).
Contact Us
If you or a loved one have any more questions on what to do if an ex refuses to co-parent in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!