In California, courts decide custody based on what is in the best interest of the child/children. When dealing with disputes regarding minor children, learning how to file for custody in California is important.
A custody case can be difficult and emotionally exhausting for all parties involved. With that in mind, join us as we explore the process of how to file for legal custody of child in California.
Step-By-Step: How to File for Custody in California
When it comes to filing for child custody in California, the most important thing is thoroughly understanding the custody filing process. If you plan to file for child custody first, you must follow each legal guideline.
Navigating the courts and each step of the process may be overwhelming, which is why you should seek the help of family law experts, such as lawyers for child custody. With Moore Family Law Group, you may rest assured that our attorneys will protect your rights as a parent.
Preparing to file for custody
You must gather all your necessary documents, fill out the forms, and file them in the local county. You must file your case in the county where your child lives. If you are unsure where they are, file in the county where you live, but the judge may suggest you move the case to another county once it is known where the child’s location is.
Completing necessary forms
- Filing Petition for Custody and Support of Minor Children (Form FL-260) – With this form, you inform the court about the orders you request.
- Summons (Form FL-210) – This form informs the other parent that you have started a case, and they have 30 days to respond.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) – This form provides the court with important information about your child/children.
- You may also file a Request for Order (Form FL-300), which is much more commonly used when parentage is established or a request to establish parentage is made. ( Form FL-300).
As you can see there will be options that are more efficient for your matter, so it is important to seek the advice of an experienced family law attorney to determine what is best for your situation. Incorrect, or missing paperwork can cause great delay to your case, and set any potential hearing dates out for months, which can be detrimental to your case.
Additional forms for specific situations
- Child Custody and Visitation (Parenting Time) (Form FL-311) – This is another form you will need regarding how to file for visitation rights in California. It informs the court that you want your child’s visitation time to be determined.
Depending on your requests, there is likely a separate form to address each issue along with a comprehensive declaration to submit supporting your requests.
California family law is very paper intensive and handling without an attorney can be confusing, stressful and difficult to get through the courts.
Serving the other parent
After you file the forms with the court, you need to serve the other parent with the papers. You must use a third party to serve the documents.
The server must be 18 or over and not involved in your case. They will need to serve the other parent the following forms:
- Copies of forms you filed with the local court
- Blank Response of the Petition for Custody and Support of Minor Children (form FL-270)
- Blank Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) (form FL-105)
- If you filed documents and received a court date, i.e., a Request for Order (RFO), you will have strict deadlines to serve those papers by. Improper service will cause delays and your hearing will be rescheduled as well as the additional paperwork to re-issue your RFO.
After the papers are properly served, the person must complete Proof of Service (Form FL-115). They can either file it themselves or return the completed form to you so you can file it with the court.
Court procedures and mediation
Mandatory mediation (Child Custody Recommending Counseling (CCRC))
Attending mediation sessions to reach an agreement usually happens early in the custody case and before your court hearing. Mediation allows you and the other parent to talk about your child/children’s needs. During mediation, you both must try and work together to develop a parenting plan containing things like:
- How will you make important decisions, such as education and healthcare?
- Who do your children live with most of the time?
- How do your children spend time with each parent?
- Transportation between parents and to/from school
- Childcare for work or schooling
How you speak, carry yourself, and what you say in this appointment is important because the mediator’s report and recommendations may carry a lot of weight when presented to the judge. It is important to seek counsel and receive mediation preparation.
Court hearings
If you are unable to reach an agreement during mediation, you will move forward with your court hearing. When preparing for the initial custody hearing, you must organize all the papers you plan to file with the court. They should coincide with your supporting declaration and exhibit list. This may include papers like statements, bills, receipts, and declarations from witnesses – however plan to bring your witnesses with you.
During the court hearing, you will present your case to the judge (evidence, witnesses, and legal arguments). The judge presiding over your case will decide based on the evidence. As you can see, doing this without an attorney can be overwhelming.
Finalizing custody arrangements
If you and the other parent have an agreement, you will file it with the court. The judge will review it, and if it meets all the state and local requirements,, they judge sign it. On the other hand, if you cannot reach an agreement, you will need to go on trial.
If you go to trial, the judge will make the final decisions regarding your children and the time they spend with each parent. They will finalize the custody case by signing the following forms but you will be required to prepare them to include the orders made in court and submit them to the court timely:
- Judgment (Uniform Parentage – Custody and Support) (form FL-250)
- Notice of Entry of Judgment (form FL-190)
Conclusion
We outlined the basic steps on how to file for custody in California. As we mentioned, the most vital thing during the process is to consider your child(ren)’s best interests to reach a favorable agreement for all sides.
If you are unsure how to deal with the legal complexities that come with custody matters, the best course of action is to get the help of a family law expert. With Moore Family Law Group’s help, you will have someone by your side every step of the way!