What Should I Know About Child Custody in California?

ISTOCK IMAGE ID 19994209In California, judges know how stressful and difficult it can be to go through a custody dispute with your spouse. Parents typically have an idea in their head about what works best for their children, and the courts in California use this as a great place to start in the midst of custody battles. Parents need to work together to determine many aspects of a custody case under California law, which is where the experts come in. It pays to do your research if you are going through a divorce and now we can help you understand what you will face in California custody court.

Parenting Plans

Some parents are able to come to a mutual agreement on a parenting plan that works for them during and after the divorce. Without a parenting plan, the court will assume that they must come up with a plan for the children themselves. Many parents want to put that power in their own hands, which consists of a few steps.

  • Filling out court forms
  • Signing an agreement
  • Having forms reviewed by attorneys
  • Making copies of the forms
  • Getting the judge’s signature
  • Filing forms with court clerk

If the parenting agreement route does not work, then a custody order must be obtained through the court through a family law case. However, you must first request the case. In order to request an order, you could file one of many other orders that may relate to your case from a divorce order, a domestic violence restraining order, or a petition for custody and support.

Requesting Child Custody 

Requesting custody is a bit similar to a parenting agreement in the way that you must also file appropriate forms. After you have spoken to your attorney and made copies of your forms, you will get a court date for mediation and have the other parent served papers to attend. At the mediation and court date, you will discuss many family law issues relating to custody and the judge will sign the custody order if they agree. You have an enforceable custody order the moment the judge signs the papers.

We understand that your custody case is important to you. This is why it is important to understand how these cases work from start to finish, and what is required by you. Give us a call today if you have questions about your custody case and need our help.