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You are here: Families & Children > Family Law Overview > Custody & Visitation Overview
Parents who separate must decide which parent their children will live with. They also must decide how they'll share their parenting responsibilities. Sometimes parents can't agree, so the judge has to make the decisions. Many parents can agree and can make a custody/visitation agreement that they give to the court. This agreement is also sometimes called a "stipulation for custody/visitation," a "parenting plan," or a "time-share plan."
The judge makes the final decision, but usually will approve an arrangement that both parents agree to.
If you can't agree on custody, a judge will have to make the decision. You'll probably have to meet with a Family Court Services mediator before the judge will make a custody order. Click here to learn more about mediation.
You can ask the judge to make a custody and visitation order when you:
Parents who
- have signed a Voluntary Declaration of Paternity, OR
- are married and don't want to get legally separated or divorced can also ask for a custody and visitation order when they file a Petition for Custody and Support of Minor Children (form FL-260).
Parents who have a child support enforcement case filed by the local child support agency may also be able to ask for custody and visitation orders once certain requirements are met in the support case.
The family law facilitator in your county may be able to give you information about how to do this. The facilitator may also help you find someone in your area that will help you with your case. Click here to find the family law facilitator in your county.
After the judge makes an order, you can ask to change the order if your situation changes.
For more information, go to this Self-Help Center's section on Custody & Visitation.
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Last modified: 03/17/2008
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