How to file for custody in california. If you cannot agree the judge will send you to mediation and a mediator from family court services or another court related program will help you. Click for more information on writing up a custody and visitation agreement or parenting plan. Fill in your name as petitioner and your spouses on the respondent line.
The clerk will complete the rest. If the form you need is fillable you will be able to fill and print it out. To download a form in pdf format click on the form number in the appropriate table.
How to file for an emergency custody order. After the judge signs your agreement file it with the court clerk. Leave the case number line hearing date and hearing time boxes blank.
Each court in california has its own rules for filing and arguing motions. You need to read up on the rules and then follow them. Because you will file the motion in the county where your child currently lives you must first locate that court.
Fill out the order to show cause. Have your server fill out a proof of service of summons family law uniform parentage custody and support form fl 115 and give it to you so you can file it with the court. Read the local rules.
Check the child custody box. Pop is a program in the california department of child support services that acts as a court. Once your declaration is filed here the declaration will be legally binding and you will have custody rights.
It is very important that your server fills out the proof of service correctly. Include the address of the appropriate california superior court.