How To File for Child Custody in California?

Divorce is a difficult process for anyone to go through. It can become even more complicated when the couple divorcing are parents. It’s important to hire a child custody lawyer to help explain how to file for child custody in California. Not doing so can negatively impact your family’s future well-being.

Experienced Family Law Firm in San Jose, California

The Law Offices of Tracy Duell-Cazes is proud to be a pillar in the California family law community. Tracy has helped hundreds of families seek a brighter future. She knows the devastation that divorces can have on clients and their loved ones, and she fights tirelessly for the most favorable outcome for those she represents.

In 2023, there were 4,664,251 children under the age of nine living in California. When dealing with the most vulnerable population, it’s essential to work with a lawyer who understands the stakes and the local courts. In California, child custody cases are handled by the Family Law Division of the Superior Court in the county where the child resides.

At the Law Offices of Tracy Duell-Cazes, we understand that no two cases are the same and take a custom approach to every new case’s legal strategy. As a Certified Family Law Specialist, Tracy is well-versed in California child custody laws.

Types of California Child Custody Cases

There were a total of 321,257 family law cases filed in California in 2023. These types of cases are almost impossible to navigate without the assistance of a legal professional looking out for your rights. The outcome of a child custody case can often depend solely on the competency of your attorney.

If you want the court to address child custody or visitation issues, the papers you need to file depend on your specific situation. The type of case you can start depends on:

• If there is already a family law case about your child in California, you can file a Request for Order. This allows you to request that the judge modify or change custody or visitation orders in the existing case.
• If you are married or in a domestic partnership and want to end the relationship, you can file a petition for divorce or legal separation.
• If you are married or in a domestic partnership but do not want to divorce or separate, you can file a petition for custody and support.
• If you are not married or in a domestic partnership, and you are not both legal parents, you can file a petition to determine parentage.
• If you are not married or in a domestic partnership but both of you are legal parents, you can file either a petition for custody and support or a petition to determine parentage.

The Process of Filing for Child Custody

In California, if a child has at least two legal parents, one parent can file a Petition for Custody and Support. Doing so officially starts the child custody and child support process. Only legal parents can file for this.

You can then serve the other parent with copies of the filed forms. Once served, the other parent can choose whether to participate in the case. If they choose not to respond, you can ask the court to make their legal decision based only on the information you provided in your papers.

Types of Child Custody

There are several types of custody that can be awarded in a child custody case. Legal custody is defined as the legal responsibility given to a parent to make decisions about the child’s life. Legal custody can take two forms:

• Sole legal custody: One parent has the authority to make decisions about the child’s healthcare and education on the child’s behalf.
• Joint legal custody: This is when both parents share this responsibility. This means that they must work together to make important decisions regarding their child.

Physical custody refers to the situation where your child resides physically. Physical custody can also take two forms:

• Sole physical custody: This is when the child lives with only one parent. In these situations, the parent without custody is typically still granted visitation rights.
• Joint physical custody: This is when the child lives with both parents on a rotating schedule that helps ensure fairness. This time can be divided equally or otherwise, depending on the family’s situation and the child’s needs.

FAQs

What Is a Parenting Plan?

A parenting plan is a written statement between both parents that details their agreed-upon custody decision and visitation plan. The court generally prefers a parenting plan that is written with the child’s interests in mind. Once signed by the judge, the parenting plan becomes legally binding and must be followed by all parties. Failing to do so has legal consequences. It’s important to work with a child custody attorney during this drafting process to ensure fairness.

What Happens if We Can’t Agree on a Parenting Plan?

If a parenting plan can’t be agreed on, a child custody evaluation may be ordered. This evaluation is conducted by a licensed mental health professional appointed by the court. They assess the child’s health and safety to determine the custody arrangement. This process typically involves multiple interviews with the child’s caregivers, as well as their teachers and doctors.

What Are My Legal Rights for Visitation in California?

In California, if one parent is given sole custody, the other parent is usually given visitation with their child. The visitation plan is custom to each family’s unique life. It can include day visits, weekends, specific pick-up and drop-off times, dates unique to the family, and holiday plans. Typically, visitation schedules can be modified if there are changes to the existing schedule or if one of the parents relocates.

What Happens When a Parent Violates the Custody Agreement?

Violating a custody order can come with severe legal consequences, depending on the type of offense. If the custody order is being consistently violated by one parent, the non-violating parent is responsible for notifying the court. They’ll file a contempt motion or request a modification to the custody order. The violating parent may then face changes in custody or even jail time.

Hire a Child Custody Lawyer That Locals Trust

In 2021, almost 9% of the population of California was divorced. At the Law Offices of Tracy Duell-Cazes, Tracy has over three decades of professional experience helping families navigate custody matters. Contact our office today to learn how we can help you during this difficult time. When dealing with the emotional nature of child custody, having a compassionate lawyer on your side can make all the difference.