Parents that separate should try to work have a plan
to share and divide their parenting responsibilities
including both custody and visitation of children. This
plan may be called a parenting plan, a time-share plan,
or an agreement ("stipulation") regarding
child custody and visitation.
The judge makes the final decision on these issues
but usually will approve the arrangement both parents
agree upon. However, if the parents can't agree, the
judge will make a decision at a court hearing. The judge
will usually not make a decision about custody/visitation
until after the parents have met with a mediator.
If parents can't agree on custody/visitation on their
own, the judge will generally have the parents meet
with Family Court Services to see if an agreement can
be reached with the help of a mediator.
If mediation doesn't work, custody and visitation issues
will have to be decided in a court hearing by a Judge.
In some courts, the mediator will make a recommendation
to the judge about custody/visitation orders.
The judge may appoint an evaluator to recommend a parenting
plan. A parent can also ask for an evaluation, but the
request may not be granted. Parents may have to pay
for an evaluation.
The law says that judges must make custody and visitation
orders according to what is best for the child. Absent
extenuating circumstances a judge will give substantial
custodial time to both parents. Sometimes the order
will give "primary physical custody" to one
parent and "secondary physical custody" (formerly
called "visitation") to the other party. In
some cases a judge will give equal time to both parents.
The public policy of the State of California is to
protect the best interests of children whose parents
have a custody or visitation matter within the family
courts. Sometimes, based on issues of protection and
safety, a judge will decide that in order for a child
to have contact with a parent, a neutral third person
must be present during any visitation. A judge may make
these orders on a temporary basis in order to give the
visiting parent an opportunity to address specific problems
or when contact is being reestablished after a prolonged
absence. The court order will specify the time and duration
of the visits. Sometimes, the court order will also
specify who the provider is to be and where the visits
are to take place.
First - Start A Court
Case:
To get a custody or visitation orders for your children,
you, the other parent, or the local child support agency
(formerly the district attorney) must first start a
court case.
The kind of case you can start depends on whether or
not you're married to the other parent.
If you are married, you must start one of the following
cases:
This section does not contain forms to file any of
these court actions. You will find some of these in
other sections of our free legal forms menu.
When Child Visitation
Orders May Be Made:
Child custody and visitation orders may be made at
a hearing held shortly after the filing of the underlying
court case and may be modified any time before the child(ren)
turn eighteen.
Child Custody Forms:
| Description |
Form |
| Order to Show
Cause |
FL-300 |
Notice of Motion
|
FL-301 |
| Application for Order and
Supporting Declaration (Family Law-Uniform Parentage) |
FL-310 |
| Child Custody and Visitation
Attachment |
FL-305 |
| Temporary Orders |
FL-305 |
| Income and Expense
Declaration (Family Law) |
FL-150 |
Financial Statement
(Simplified)
|
FL-155 |
| Proof of Personal
Service |
FL-330 |
| Responsive Declaration
to Order to Show Cause or Notice of Motion |
FL-320 |
| Findings and
Order After Hearing (Family Law-Custody and Support-Uniform
Parentage) |
FL-340 |
| Child Custody
and Visitation Order Attachment |
FL-341 |
| Supervised Visitation
Order |
FL-341A |
| Children's Holiday
Schedule Attachment |
FL-341C |
| Attachment Provisions
- Physical Custody Attachment |
FL-341D |
| Joint Legal Custody
Attachment |
FL-341E |
| Child Support
Information and Order Attachment |
FL-342 |
| Notice of Rights
and Responsibilities - Health Care Costs and Reimbursement
Procedures, and Information Sheet on Changing a
Child Support Order |
FL-192 |
| Stipulation and
Order for Custody and/or visitation |
FL-355 |
| Child Support
Case Registry Form |
FL-191 |
| Order/Notice
to Withhold Income for Child Support |
FL-195 |
| Additional Page-Attach
to Judicial Council Form or Other Court Paper |
MC-020 |
- Gene
Kinsey
