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There are different types of cases and papers you can file to ask for a child custody and visitation (parenting time) order. Which type of case or papers you can file depends on your situation, like whether you and the other parent are married or you already filed a family law case.
If you and your child’s other parent need help to set up a parenting plan for your child, one of you can ask a judge for an order about child custody and parenting time (also called visitation). You can also ask the judge to change an order if you already have one.
Find a specific page or step-by-step instructions within our child custody and visitation (parenting time) section.
In California, when there are at least two legal parents of a child, one of the parents can file a court case to get court orders for the care and support of their children. This is called a Petition for Custody and Support. In this type of case, a judge can make orders about child custody, visitation (parenting time), and child support.
Legal custody: The right for a person to make important decisions about the child’s health care, education, and welfare. For both types of custody, parents can share custody (joint custody) or one parent can have full custody (sole custody).
If there's already a family law case involving the child in California, then you can file a Request for Order (form FL-300) to ask the judge to make or change an order in that case about child custody and visitation (parenting time). Common family law cases are divorces or parentage (paternity) cases.
If a parent wants to relocate a child’s home to a place that is far away and interferes with the custody and visitation order, the parent may need to ask for a court order before the child can move with that parent.
In California, only legal parents can get custody and visitation (parenting time) orders about their child. Legal parents also have a responsibility to support their child financially. Who is a legal parent? In general, you are a child's legal parent if. You are the child’s birth parent (not a surrogate)
Start a petition for child custody and support To start a case, you begin by filling out two court forms: a Petition and a Summons . You will also need to fill out a form that tells the court where your children were born and live and if there are any other court cases involving them.
What you need to file and the steps you need to take depend on whether you already have a family law case in California (like a divorce or parentage case) involving the child. If you don't, you need to start one.