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You are here: Families & Children > Custody & Visitation > Custody and Visitation Orders
How do we get a custody and visitation order?
How do I change a custody and visitation order?
What do I have to show to ask for a change of the custody and visitation order?
What is the process to ask for a court date for custody and/or visitation?
Where can I find help to change my custody and visitation order?
How do we get a custody and visitation order?
To set up a custody/visitation order for your children:
- you,
- the other parent, or
- the local child support agency (formerly the district attorney)
must start a court case.
The kind of case you can start depends on whether or not you're married to the other parent or have a registered domestic partnership. For more help, click on a link below:
Cases for Parents Who Are Married to Each Other or are registered domestic partners
Cases for Parents Who Are Not Married and are not domestic partners
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How do I change a custody and visitation order?
After a judge makes a custody/visitation order, one or both parents may want to change the order. If the parents can't agree on a change, one of the parents must file a motion with the court asking for a change. If you want to change your order, you and the other parent will probably have to meet with a mediator to talk about why you want the order to change.
Click here <link to What is the process to ask for a court date for custody and/or visitation?> for instructions on asking for a court date to change custody and/or visitation.
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What do I have to show to ask for a change of the custody and visitation order?
You have to show that there has been a “change in circumstances” since the final custody order was made. This means that there has been a significant change that requires a new custody and visitation arrangement for the best interest of the children.
The reason there has to be a significant change is that it is best for children to have stable and consistent custody arrangements with their parents. Final custody orders should only be changed if it would be best for the children.
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What is the process to ask for a court date for custody and/or visitation?
If you need to set up a court date, first ask your mediator at Family Court Services to make sure you don’t have to go to mediation before you file any papers.
The most common way to ask for a court date on custody issues is:
- Fill out the Order to Show Cause (Form FL-300) and the Application for Order and Supporting DeclarationForm (FL-310). Make at least 2 copies. Make sure you use the right case number for your custody case.
- File your forms with the court clerk. The clerk will probably give you a court date. You may have to meet with the mediator before the court date or go to a mediation orientation. Ask the clerk if you’re not sure.
- Serve the other parent in person with a copy of your papers and a blank Responsive Declaration to Order to Show Cause or Notice of Motion (Form FL-320) at least 16 days before your court date.
- Have your server fill out a Proof of Service (Form FL-330) and file it with the court.
- Go to your court hearing, bring a copy of all your papers and your Proof of Service. Make sure that you go to mediation before your court date if the rules in your county require it.
The Family Law Facilitator in your county may be able to help you with this process. Click here to find your Family Law Facilitator.
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Where can I find help to change my custody and/or visitation order?
The Family Law Facilitator in your court may be able to help you, give you the forms, or give you information and referrals to local resources. Click here to find your Family Law Facilitator.
For low cost or free legal help, click here.
For a list of agencies in your area that may be able to help you, go to LawHelpCalifornia  .
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Last modified: 03/17/2008
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