How to File for Child Custody in California
Many parents in a divorce ask how to file for child custody in California. Here’s how to petition the court for child custody in California.
To petition the court for child custody in California, complete the necessary forms, get them reviewed by an attorney, then file them with your local court. Then, attend either mediation or a court hearing to determine a final custody order, which will be signed by a judge.
Do Your Research
Think about what you want out of this petition for child custody. Do you want to have sole custody of your child once everything is finalized, or would you rather share custody with the child’s other parent? Deeply consider what you want you and your child’s life to look like once all has been settled. Meet with an attorney to consider what custody terms are ideal and within reach.
Complete, Review, and File Forms to Petition the Court for Child Custody
Once you’ve considered your ideal custody terms, you’ll need to fill out the necessary forms and file them with the court. These forms must be properly filled out and filed, so make sure to have them reviewed by an experienced child custody attorney.
Here are the documents needed to file for child custody in California:
Fill out:
- Request for Order (FL-300)
- Declaration Regarding Notice and Delivery of Request for Temporary Emergency (Ex Parte) Orders (FL-303)
- Proof of Personal Service (FL-330)
- Child Custody and Visitation Application Attachment (FL-311) [Optional]
- Temporary Emergency (Ex Parte) Orders (FL-305) [For temporary child custody]
Optionally, you can fill out an FL-311 to make sure you include all details in your request and complete an FL-305 if you’re seeking temporary custody of your child.
Attach the following form in your service and leave it blank:
- Responsive Declaration to Request for Order (FL-320)
If you’re asking for child support too, fill out these forms as well:
Speak with your attorney to determine whether to file an FL-150 or FL-155.
Get a Lawyer
Make sure an attorney reviews your forms before you file them. The way these forms are filled out and filed is crucial and will set the track for your divorce. If your initial forms don’t state your custodial preferences properly, you may end up jeopardizing your parental rights to custody and visitation. An experienced attorney can review your forms and ensure they are correctly completed and filed. Your attorney can also help create an effective strategy to obtain your ideal custody terms through detailed planning.
Contact us to get in touch with one of our skilled, passionate child custody attorneys for mothers. When you call us, we’ll ask you a few questions regarding your child custody matter. Then, we’ll match you with the right attorney based on your needs, preferences, and location. Her Lawyer makes it easy to get in touch with a child custody attorney for mothers.
Negotiate Custody Terms
Depending on how your child’s parent responds to your request for custody, you may have to attend mediation or court to determine custody terms. If your child’s parent agrees to the initial request for child custody, the requested custody order will be sent to a judge for approval.
Go to Mediation
If you and your child’s parent are willing to negotiate custody terms in a civil and respectful manner, mediation may work. In child custody mediation, a neutral, third-party mediator helps parents reach a mutually satisfactory custody agreement. Once an agreement has been reached, your attorney or mediator can draft a final custody agreement. This final custody agreement will be submitted to the court for a judge’s approval. Custody agreements are not legally enforceable until signed and ordered by a judge.
If you’re looking seeking mediation, contact Her Lawyer to get in touch with one of our experienced divorce mediators.
Go to a Court Hearing
Parents unable to negotiate child custody terms in mediation must attend court. In a child custody court hearing, the judge will make a child custody order that they believe is in the child’s best interests. Many factors will be considered when determining what custody and visitation terms are in the child’s best interests. Both parents, who can have attorneys present, argue why they believe the child’s best interests are protected in their custody.
How to File for Temporary Custody of a Child in California
To get temporary custody of a child in California, complete a Temporary Emergency (Ex Parte) Orders FL-305 and file it with the court. Contact a child custody attorney to make sure you correctly file for temporary child custody and have your request approved.
FAQs About Filing for Child Custody
How much does it cost to file child custody papers in California?
It costs $259 to file child custody papers in California.
Can you file for custody of an unborn child in California?
While you can’t necessarily file of custody of an unborn child in California, there are some situations in which parents can exercise their rights before the child is born. A father can file a “paternity action” claiming the unborn child as his, which speeds up the custody process.
Do I need an attorney to get child custody in California?
To protect your rights in child custody disputes, hire an attorney with specialized experience in custody and visitation matters. An experienced child custody attorney can make sure your parental rights are defended in mediation or court.
Contact Us
If you’re looking to petition the court for child custody in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Our child custody attorneys can help you file for child custody and get full custody rights. Your first consultation is free. We’re here to help 24/7.