Child Custody Paperwork in California

The court says that if no case exists yet, you open one: a divorce petition, a parentage petition, or form FL-260 for custody and support. If a case is already open, you ask for changes with a request for order, form FL-300, in that same case.

The court defines legal custody as who makes important decisions about the children, such as health care and education. Physical custody is who the children live with most of the time. Either can be joint or sole. We prepare the forms and do not advise which to ask for.

The court says parents attend mediation, or child custody recommending counseling in some courts, before seeing the judge on custody. You do not have to reach an agreement there. If you do not, the counselor may send the court a written recommendation.

The court says a person who receives a divorce, parentage, or custody petition generally has 30 days to respond. We cannot tell you what your response should ask for.

The court says the judge decides based on the child's best interest. It looks at age and health, emotional ties, ties to school and community, each parent's ability to care for the child, any history of family violence, and regular ongoing substance abuse.