If your children live in California and you intend to have custody, you must file an application with a court in the State of California. To do this, just follow the instructions below.
Steps
Step 1. Decide whether to ask the question alone or together with the other parent
If both of you can reach an agreement on physical and legal custody, your lawsuit can proceed much faster, because you won't have to go to court. Study a parenting plan with the other parent that suits both of you as well as your children.
Step 2. Determine which type of custodial procedure is appropriate for the situation
There are different types of family law court cases where you can ask the judge for a custody order. They include:
- Divorce. If you and the other parent are married or have registered domestic partnerships, you can apply for custody in the divorce case.
- Legal separation. If you and the other parent are married or have registered domestic partnership, you can seek custody in the legal separation case.
- Annulment. If you and the other parent are married or have registered domestic partnership, you can ask for custody in the cancellation case.
- Restrictive order for domestic violence. If the other parent is the abuser, you can apply for both custody and restraining order for domestic violence at the same time.
- Cause for recognition of parental authority or paternity. If you are not married to the other parent and would like to confirm him as the father of your children, you can submit a custody application asking for paternity recognition at the same time.
- Food application. If a child support enforcement action is pending, initiated by a child support enforcement agency, you can ask for a custody order from the judge as part of the court proceedings regarding the child support. maintenance.
- Custody and maintenance. If you do not want a divorce, legal separation, annulment or restraining order for domestic violence, you do not have to determine the paternity of the children and there is no process for the application of alimony, you can apply for custody of the children by starting legal action for custody and child support.
Step 3. If a process has not already begun, determine whether California is competent to hear your dispute
Whether it is competent or not depends on the type of family law process you intend to initiate.
- Divorce or legal separation. To seek divorce or legal separation in California, you must have lived in this state for at least six (6) months and in the county for three (3) months.
- Annulment. The California Court has jurisdiction to hear the annulment lawsuit regardless of how long you have lived in California.
- Paternity, custody and maintenance. If your children have lived in California for at least six (6) months, the state is competent to know the cause of paternity, custody and maintenance. If your children have not lived in California for at least six months, the state in which they have "important ties" is considered the competent state.
Step 4. Determine which court is appropriate for filing your custody application
If a family law case is already pending, you must apply to the same court where the trial was opened. If no lawsuit is pending where you can seek custody of the children, you should put the trial in the Superior Court of the county where you, your children and the other parent live. Which of these counties is better depends on the type of case:
- Divorce or legal separation. To decide which county is most appropriate for a divorce or legal separation, use the California court's Where to File for My Divorce Program.
- Annulment. Cancellations must be filed with the Superior Court of the county where you live.
- Custody and maintenance or parental authority. You should apply for a custody, maintenance or parental responsibility case with the Superior Court of the county where your children live. If you are unsure of where they reside, you can present it to the county where you live, but the judge may later decide that another county or even another state is responsible for the trial.
Step 5. Get the appropriate forms
The forms you will need to have in order to file and / or seek custody vary depending on the type of cause you are seeking custody with and whether there is a custody agreement reached between the two parents.
- Divorce or legal separation. California courts offer free divorce and cancellation forms, downloadable via its website.
- Annulment. The free and downloadable forms provided by the California Court System are available here.
- Restrictive order for domestic violence. Forms to apply for a restraining order due to domestic violence, as well as interactive instructions for completing and submitting, are provided by the California courts here.
- Parental authority or paternity. California courts offer free downloadable forms, and submission instructions can be found here.
- Custody and maintenance. Forms for custody and support when a family law lawsuit is already pending or when you do not intend to divorce, legally separate, determine paternity, or seek a restraining order, are located here and are provided free of charge by the California courts.
- When you and the other parent have reached a custody agreement. If you and the other parent agree on custody, you can use a Stipulation and Order for Custody, which can be found here on the California Court website.
Step 6. Fill out the forms to be submitted to the court
Following the instructions provided with the forms, write or print clearly using blue or black ink and filling in each numbered item as needed.
Step 7. Have the forms reviewed
If the county has a family law facilitator, ask them to review the forms before submitting them to make sure you have filled everything out correctly so that your lawsuit is not delayed or unexpected due to missing information. You can find the family law facilitator by clicking on your county link on the California Court's Family Law Facilitators List.
Step 8. Prepare the submission forms
Sign each form as necessary and make at least two (2) copies of each (one for you and one for the other parent). The court will keep the original of each form.
Step 9. Determine what the tax to pay will be
Call the court and ask what the application fee for your case is. You can find the court's contact information by selecting the appropriate link from the California Courts' Find My Court page.
Step 10. Present the forms
Bring them along with the fee paid to the court clerk's office for filing. The Registrar will keep the original copies and return the other two (2) with the words 'deposited'.
Step 11. Notify the presentation to the other parent
If you have submitted a Stipulation with the other parent, accepting the terms of custody, you can skip this step. Have an adult who has no relationship with you give the other parent a copy of all the documents you have filed and then have them fill out and sign a Proof of Service form.
