When you have just gone through a divorce, you must be overwhelmed with the process of filing for child custody. In addition to the emotional burden you feel from the divorce, you also have to go through a complicated legal process to secure parental rights. In the child custody process, small misunderstandings can even have big consequences. Incorrect documentation or missed deadlines can prolong the custody filing process and add to your stress. Well, this article will provide you with information related to child custody, including the definition of child custody, types of child custody, and how to file for child custody in California.
What is a Child Custody?
Child custody is the legal right of a parent or guardian to have control over a child or children. If you are a parent who has child custody, then you have the responsibility to raise your child in a safe and secure environment. You should also ensure that you and your child live in adequate housing. Also ensure that your housing location has adequate medical and educational facilities.
In California, you as a parent can file for child custody, even if you and your ex-partner are unmarried. After filing for child custody, then the court will schedule a hearing for your case. The court will review and decide whether or not to grant your petition. Alternatively, the court may decide that you and your ex-spouse should be the custodial parents. In California, during divorce and child custody disputes, both parents are given equal rights. As a result, both parents will be evaluated to find out whether they are fit to care for the child or not.
Types of Child Custody
For your information, there are two types of child custody; legal and physical custody.
1. Legal Custody
Legal Custody has two types; joint and sole custody. If you are a parent who has sole custody of your child, you have the right to make important decisions for your child. These important decisions can involve:
- Health
- Education
- Child welfare
- Religious activities
- Counseling
- Vacation
- Sports
- Extracurricular activities
Besides sole custody, there is also joint custody. If you and your ex-spouse share joint legal custody, then you and your ex-spouse can ask doctors and schools for information about your child to make the best decision for the child. You and your ex-spouse should be able to work well together. It is important to discuss who makes the decisions so that there are no disputes between you and your ex-spouse later on. Alternatively, you and your ex-spouse can also make decisions together.
2. Physical Custody
Physical custody also has two types; joint physical custody and sole physical custody. For your information, sole physical custody is when the child only lives with one parent, while joint physical custody is when the child lives with both parents.
We can say that physical custody refers to the time your child spends with you and your ex-spouse on a regular basis. For example, on weekdays, your child is with you, while on weekends, your child is with your ex-spouse. As parents, you and your ex-spouse must be able to abide by this rule. However, sometimes, if you and your ex-spouse live close to each other and get along well as parents, then your child can leave and return home without a fixed schedule. In this case, most parents usually need a schedule.
Joint physical custody requires cooperation, flexibility and good communication between you and your ex-spouse. Sometimes, courts award joint legal custody to both parents, but not joint physical custody. This means you and your ex-spouse have equal responsibility for important decisions in your child’s lives. However, your child lives with you most of the time. And your ex-spouse as the parent who does not have physical custody has scheduled time with the child.
How to File for Child Custody in California?
In California, there are some steps you can do to file for child custody.
1. Open a case
The first thing you should do is open a family law case with the county’s superior in your area. The family law case could be a legal separation, divorce, or marriage annulment. Or the family law case may also just be about child custody and child support. When filing for a domestic violence restraining order, you may also file for custody or visitation. There are many types of family law cases that come with automatic temporary restraining orders. These orders are made to prevent one party from changing insurance beneficiaries, taking children out of state without authorization, and more. You can ask a legal professional whether or not you are bound by a restraining order.
2. Complete your custody forms
The next step is to complete a custody order form. When you ask the court to make a formal child custody decision, you will be required to complete a custody order request. In the custody form, you are asked to explain who should have legal and physical custody of your child and provide the reasons why. Don’t forget to ask for child support or money for attorney fees. In addition, you can also add details to the custody order request with attachments. If necessary, you can also request a temporary order. Make sure you attach the custody agreement, child support order, or restraining order.
3. File with the court
Now you can try to file your case with the court. You can file your documents to the court electronically. Many people use the Odyssey eFileCA service. There are also e-filing service providers. It is up to you. If you want to file documents in person, you can bring your original documents to the court clerk. Don’t forget to include two copies. The court officer will usually stamp your documents. And, they will return two sets of copies: one for you, one for your ex-spouse. Whether you file the documents in person or online, there are fees involved in this process. If possible, you can ask for a fee waiver. Once you have filed the documents with the court, you will then receive a date for your first hearing. Make sure you remember that date.
4. Serve the other parent
After that, you must serve your ex-spouse or another parent of your child. Notify your ex-spouse to come to the court, at least 16 days before the date of the hearing. Also make sure your ex-spouse has received the initial documents in your case. You can ask someone who is over 18 years old and not involved in your case to hand over the papers in person. However, you can also send the papers electronically or by post. Usually, service by mail requires at least 21 days. Whichever way you choose, the person handling the delivery of the papers must complete the form afterwards: The Proof of Service by Mail or the Proof of Personal Service.
5. File the remaining forms
At this step, file the completed proof of service form to the court clerk, at least five days before the hearing. You can also file the form online. If your ex-spouse wants to respond, then your ex-spouse can file a responsive declaration with the court and provide a copy to you. This can be done at least nine days before the hearing. Finally, now you are done with the initial filing process. Keep all your papers well in a safe place. Don’t forget to bring all the papers to the hearing.
Additional Help with Your Initial Filing
You will be able to see the California Courts self-help site for special filings, like requests for emergency court orders. If you are filing on your own, you can contact your family law facilitator with any questions. To avoid any problem, make sure you ask the facilitator or another law professional to review your paperwork.
Prepare for What Comes Next
The next steps in the court process will depend on your circumstances. Usually, most parents will go through court-ordered mediation. You can also do the same. Try mediating with your ex-spouse, unless you and your ex-spouse have reached a settlement first. Also, you could have an emergency custody hearing. No matter what, you should utilize technology to be fully prepared. There are many sites and apps that offer you customized custody calendars, inter-parent messaging, expense trackers, and more. One app that you can use is the Custody X Change app. With this app, you can make parenting agreements and schedules, tracking real parenting time and more.
