Answer a few questions to get personalized guidance for your California custody matter
What is your current custody situation?
Different situations require different approaches
No custody order yet - establishing initial custody
Modifying an existing custody order
Responding to the other parent's custody motion
Emergency situation (safety concerns, relocation)
Do you and the other parent agree on custody arrangements?
Agreement level significantly impacts complexity
Yes, we agree on custody and parenting time
Mostly agree with some minor disagreements
Significant disagreements on custody or visitation
Completely disagree - likely heading to trial
Are there any safety concerns involved?
Safety issues dramatically change custody proceedings
No safety concerns
Concerns about the other parent's judgment or lifestyle
History of domestic violence or abuse allegations
Substance abuse or mental health issues affecting parenting
Does the other parent have a lawyer?
Having representation when the other side does is important
No, we're both self-represented
Not sure - they haven't mentioned one
Yes, they have a lawyer
Yes, and their lawyer is aggressive or making threats
Is relocation (moving) part of your case?
Move-away cases are among the most complex custody matters
No, we both plan to stay in the same area
One of us is considering a local move
One of us wants to move out of the area with the child
International relocation is involved
How complex are your circumstances?
Certain factors add significant legal complexity
Straightforward - married parents, clear situation
Unmarried parents needing to establish paternity
Grandparent visitation or third-party custody involved
Interstate or international custody issues (UCCJEA)
⚖️
You Should Hire a Child Custody Lawyer
Your situation has complexities that strongly benefit from professional legal representation to protect you and your children.
Why legal help is critical:
- Custody decisions have long-lasting impacts on your children
- Contested custody requires knowledge of court procedures and evidence rules
- Safety concerns need proper documentation and emergency procedures
- If the other parent has a lawyer, you need one too
- Complex issues like relocation require specialized expertise
🤔
Consider Legal Consultation or Mediation
Your situation has moderate complexity. Professional guidance can help you navigate the process effectively.
Options to consider:
- Consultation: Get legal advice on your specific situation
- Mediation: California requires mediation for contested custody cases
- Limited scope help: Lawyer assists with specific issues only
- Family Court Self-Help Center: Free assistance with forms
- Document review: Have a lawyer review your parenting plan
📋
You May Be Able to Handle This Yourself
With full agreement between parents and straightforward circumstances, you can use court self-help resources to establish a custody order.
Steps for self-represented custody:
- Use California Courts' self-help center and forms
- Create a detailed parenting plan together
- File a stipulation (agreement) with the court
- Attend mandatory mediation orientation
- Get your agreement approved by a judge
- Consider having a lawyer review before finalizing
Understanding Child Custody in California
California courts make custody decisions based on the "best interest of the child" standard under Family Code Section 3011. Courts generally prefer arrangements that allow the child to have frequent and continuing contact with both parents.
Types of Custody in California
| Type |
Sole |
Joint |
Legal Custody
(decision-making) |
One parent makes all major decisions about health, education, welfare |
Both parents share decision-making responsibility |
Physical Custody
(where child lives) |
Child lives primarily with one parent; other has visitation |
Child spends significant time with both parents |
Best Interest Factors (Family Code 3011)
Courts consider:
- The child's health, safety, and welfare
- Any history of abuse by either parent
- The nature and amount of contact with both parents
- Habitual or continuing use of drugs or alcohol
- The child's preference (if age-appropriate)
Domestic Violence Warning
If there's a history of domestic violence, courts must consider it under Family Code 3044. There's a rebuttable presumption against awarding custody to an abusive parent. If you're in an abusive situation, seek help from the National Domestic Violence Hotline: 1-800-799-7233.
DIY vs. Hiring a Lawyer
| Factor |
DIY Friendly |
Lawyer Recommended |
| Agreement Level |
Full agreement on all terms |
Contested or disputed issues |
| Safety Issues |
None |
DV, abuse, substance abuse concerns |
| Relocation |
No move planned |
Move-away case involved |
| Other Parent |
Self-represented |
Has an attorney |
| Complexity |
Straightforward local case |
Interstate/international issues |
California Custody Process
- File petition - Request custody order from family court
- Serve other parent - Legal notice of the proceeding
- Mandatory mediation - Required for contested cases (Family Code 3170)
- Temporary orders - If needed while case is pending
- Discovery/investigation - Gather evidence, possible custody evaluation
- Trial or settlement - Judge decides or parties agree
- Judgment - Court issues final custody order
Modifying Custody Orders
To modify an existing custody order, you must show a significant change in circumstances since the last order. Common reasons include:
- Relocation by one parent
- Child's changing needs (age, school, activities)
- Safety concerns that have developed
- Parental non-compliance with current order
- Significant change in work schedules
Emergency Custody Orders
You can request an emergency (ex parte) custody order if there's:
- Immediate risk of harm to the child
- Risk of child being removed from California
- Evidence of child abuse or neglect
- Domestic violence affecting the child
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