In California, How Do You Apply For Shared Custody?

Parenting plans in California involve orders about child custody and parenting time, also known as visitation. These plans should describe how to care for the children, where they will live, and when they will see each other. To start a case, you must fill out two court forms: a Petition and a Summons, and a form that tells the court where your children were born and live. If you cannot agree on the custody and visitation schedule, you and the other parent will meet with the judge.

If you and the other parent are married and do not want to get a divorce, legal separation, or annulment, you can start a case called a Petition for Custody and Support of Minor Children. This means you live with one parent, who takes care of you everyday, or both parents might have custody. This is called joint custody.

California child custody laws do not require a 50-50 parenting time for there to be joint physical custody. So long as each parent has significant periods with the children, joint physical custody is possible. To file for joint or sole custody in California, you must complete the necessary forms and file them with the court. You must provide the court with a proposed parenting plan.

To file for child custody in California, you must open a case, complete your custody forms, file with the court, serve the other parent, and file the remaining forms. If there is already a family law case involving the child in California, you can file a Request for Order (form FL-300) to ask the judge to make or change the order.

To begin filing for custody, you generally need to open a case in California family court, such as a divorce or a parentage (paternity) action. In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be obtained in order to make the order.

What Is The Schedule For Joint Custody In California?

The alternating weeks schedule allows a child to spend seven days with one parent, followed by seven days with the other. In contrast, the 3-4-4-3 schedule has the child spend three days with one parent and four days with the other parent, alternating the following week. Parenting plans detail child custody and visitation, addressing how care is provided, where the child will reside, and visitation times. Before organizing a comprehensive schedule, parents should determine if joint or sole physical custody is in the child's best interest.

Joint physical custody entails substantial time with both parents, with common arrangements such as the 50-50 schedule, the 2-2-5 schedule, and a week-on, week-off schedule. In California, parents can either share custody or one parent can have sole custody. Legal custody can be joint, allowing both parents to participate in decision-making regarding their child's welfare. While joint custody often suggests a 50/50 arrangement, it can be less than that, allowing flexibility based on family needs.

Effective co-parenting remains essential, regardless of which custody arrangement is selected. Parents should agree on necessary aspects like legal custody and physical arrangements. With a consistent schedule, parents can reduce confusion for their children, fostering a healthier co-parenting relationship. Ultimately, the goal is to create a child custody plan that serves the best interests of the child.

Does California Favor Joint Custody?

California courts typically favor joint custody arrangements, believing that children benefit from maintaining connections with both parents. The preference for joint legal custody is grounded in the idea that both parents should be involved in significant decisions affecting their child's life. While joint custody is encouraged, the specifics do not always equate to a perfect 50/50 split. Instead, the time spent with each parent can vary, with both contributing to legal decisions. Joint custody requires parents to cooperate and formulate a parenting plan that prioritizes the child's best interests.

California law seeks to eliminate bias in custody decisions based on a parent's gender, treating both parents equally. Consequently, a judge usually starts with the assumption of equal custody and requires compelling reasons to deviate from that. Although sole custody is an option, it necessitates substantial justification for why one parent should have full custody. The goal of California courts is to ensure children experience the benefits of dual parental involvement, which research shows positively impacts their academic, emotional, and social development. Ultimately, if both parents are willing, the courts are inclined to grant joint custody, emphasizing the importance of active participation from both caregivers in the child's upbringing.

How To File For Joint Custody In California?

Filing for Child Custody in California: 5 Simple Steps

To file for child custody in California, follow these five steps:

1. Open a Case: Start by initiating a case relevant to custody, like a Petition for Custody and Support of Minor Children.
2. Complete Your Custody Forms: You need to fill out a Petition, Summons, and provide details regarding your children’s birth and residence.
3. File with the Court: Submit your forms at the courthouse, along with a filing fee ranging from $435 to $450.
4. Serve the Other Parent: After filing, ensure the other parent receives copies of the filed documents.
5. File the Remaining Forms: Complete any additional documentation as required by the court.

Beyond these steps, it’s essential to prepare an effective parenting plan detailing how you will care for your children, where they will live, and the visitation schedule. Legal custody can be awarded as joint or sole; California courts typically favor joint custody, allowing both parents to participate in important decisions.

If there's an existing custody order you wish to change, file a motion seeking modification. For further assistance, consult the California Courts' Online Self-Help Center for detailed instructions and forms. Additionally, if you face conflicts, consider seeking counseling for effective co-parenting solutions.

What Is The Most Common Child Custody Arrangement In California?

In California, the most common child custody arrangement is sole physical custody combined with joint legal custody. This means one parent is primarily responsible for the child's care while both parents have equal rights to make significant decisions regarding the child's upbringing. Legal custody allows both parents to participate in critical decisions such as education and healthcare. Although sole custody used to favor mothers, there has been a shift towards a more balanced approach, acknowledging the involvement of fathers in parenting.

California courts recognize two categories of custody: legal custody, which pertains to decision-making, and physical custody, which refers to the amount of time the child spends with each parent. The preference in California family law is for joint physical custody, promoting shared time between both parents. In certain cases, 50/50 custody arrangements are arranged, ensuring equitable time-sharing between parents. It's essential for parents to discuss custody matters, possibly through mediation, to optimize outcomes for their children.

Understanding the distinctions between different custody types—sole versus joint—is crucial when navigating custody issues in California. For legal assistance or queries about custody matters, contacting a law firm is advisable.

How Much Does It Cost To File For Custody In CA?

When filing for child custody, you'll need to pay a filing fee between $435 and $450 to the clerk. If temporary orders are also requested, an additional fee of $60 to $85 applies. Should you be unable to afford these fees, you can request a fee waiver from the clerk at the time of filing. Initial filing in civil cases, including child custody disputes, generally incurs these fees. Besides filing fees, other costs may arise, such as attorney fees, mediation fees, expert witness fees, and evaluation costs.

The cost of a custody case can vary widely, from $5, 000 to over $100, 000, influenced by factors like case complexity, attorney experience, and court duration. In California, hiring a family lawyer typically averages $300 per hour.

Child custody cases require submission of various paperwork, including the Petition and Summons. The judge may also determine custody arrangements, visitation, or changes to existing orders. It’s important to understand that disputes can significantly increase expenses, often ranging from $1, 500 to over $20, 000.

Remember that specific costs may vary by county due to local surcharges, with procedures typically involving filing forms, serving the other parent, and fulfilling any additional court requirements.

How Long Does A Custody Case Take In California?

Court schedules are typically congested, making it common for child custody cases to take several trial dates before resolution. Hearings often get rescheduled due to various factors, sometimes extending the process to 18 months or more. Parenting plans dictate child custody and visitation, outlining care arrangements, living situations, and visitation schedules. It may take weeks or even months to reach an agreement, with the average child custody case in California potentially lasting until the child turns 18.

Various factors, such as case complexity and court busyness, can influence the duration of a custody case, which might range from several months to years. Litigating custody consists of multiple steps, with some steps potentially being skipped or rearranged based on individual circumstances and the county involved. In California, a parent can initiate a court case to obtain child custody orders through a petition if there are two legal parents. The busy court system may lead to hearings being scheduled weeks or months apart, further prolonging resolution times.

While some parents can reach custody and visitation agreements without a court order, those who cannot will likely face delays in settling their case. Generally, from the initial request for custody orders until the order is finalized takes about six months, but the timeline can vary significantly based on how often the case is delayed or rescheduled.

Do You Need A Lawyer To File For Full Custody In California?

You do not need a lawyer to file for custody in California, but having legal assistance is advisable, especially if the other parent has representation. To request custody, you must have a family law case open. If unsure about your case status, consult the court clerk or a Family Law Facilitator. To gain full custody, you must provide compelling evidence to demonstrate that it serves the children’s best interests. Understanding custody and visitation laws is crucial, as you'll need to address both aspects.

Mothers seeking full custody should be well-prepared and may benefit from consulting a family law attorney. The custody process can be complex, requiring meticulous paperwork and evidence to avoid delays. If there is an ongoing custody case in another state, you must file in that jurisdiction. To initiate custody proceedings, you need to file a Request for Order (form FL-300) for the court to consider custody and visitation changes. While legal representation isn't mandatory, securing the guidance of a family law attorney is highly recommended.

This helps ensure that you understand your options and navigate the legal intricacies effectively. Overall, the process to secure full custody involves a comprehensive understanding of legal requirements and strategic planning to highlight your case's merits.