How to File for Child Custody in California

Step-by-Step Guide

1. 1

   Step 1: Work on a parenting plan.During a divorce that involves children

   It is best if the plan can be created together with the child's or children's best interests in mind.
   
   Remember that change is difficult for children.
   
   Try to put aside previous disputes and personal desires, and make rational decisions about the future of the children.
2. 2

   Step 2: one of the major questions will be who gets custody

   Physical custody is defined by who the child lives with.If it is possible for the child to live in a place consistent with where they have been living that is probably preferable to a big move.
   
   Remember that handling the child's day to day needs is a major undertaking and you need to have the capacities and resources to handle it on your own. , Legal custody is defined by who handles major decisions in the child's life.
   
   This does not have to be the same person who has physical custody.For example, one parent can have physical custody while they have joint legal custody.
   
   The decisions the legal custodian is responsible for include what schools are attended, which religious institutions, if any, are joined, and what doctors and dentists the child sees. , If you have any trouble reaching agreement, try talking with a third party who can act as a neutral negotiator to help you make the best decisions.A mediator can be a lawyer who understands all the relevant legal details, although they do not have to be.A mediator cannot be an attorney who already represents one of the sides of the divorce.
   
   If your difficulties are in resolving emotional disputes, a counselor can act as a mediator to help in putting aside anger and resentment when your child's interests are at issue. , If you come to an agreement or you negotiate a reasonable option through a mediator, but your ex refuses to follow it, you can turn your agreement into a court order.Before you file the forms with a judge, your agreement is binding just between the two of you.
   
   Once one of you stops following the agreement, you can bring a legal authority in to enforce matters.
   
   If you are unable to come to an agreement, you can return to a mediator.
   
   A judge will enforce an agreement that has been reached., This will need to be signed by both parties and will serve as a legal contract between the two of you.
   
   Following the instructions included with your forms, type or print neatly in blue or black ink, filling in each numbered item as necessary.
   
   If you are unable to agree on what the details of the custody and visitation form should be, you will need to consult a mediator.
   
   California family court services can provide various forms of assistance to help parents come to some kind of contract that best serves the needs of the child or children. , Before anything is signed, it is best to make sure things are in order and as you intend them.
   
   If your county has a family law facilitator, ask that they review your forms before you file them, to ensure that you have completed everything correctly and your case will not be held up due to missing information.
   
   You can find your family law facilitator by following the link for your county from the California Court’s Family Law Facilitators List. , When you file a form with the court, make sure you have a copy and the other parent also has a copy. , The court clerk will stamp the original and the copies as "filed" and retain the original document.
   
   This means the agreement is legally binding.
   
   If the other parent is not holding to the agreement that you reached, you can now take them before a judge with a charge.
3. 3

   Step 3: and what the non-custodial parent's visitation rights will be.

4. 4

   Step 4: Decide who will get physical custody.

5. 5

   Step 5: Decide who will get legal custody.

6. 6

   Step 6: Talk to a mediator.

7. 7

   Step 7: Get a court order.

8. 8

   Step 8: Fill out a Stipulation and Order for Custody and/or Visitation Form.

9. 9

   Step 9: Have your forms reviewed.

10. 10

    Step 10: Make copies of your forms.

11. 11

    Step 11: File the forms with your local court.

Detailed Guide

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