Child custody can be one of the most stressful and emotional matters to settle during separation and divorce in California.
It is essential to understand the main child custody regulations, parenting, and visitation rights so that you and your spouse can resolve matters in the best interests of the children.
With that in mind, let’s consider what you need to know when filing for child custody in Los Angeles County.
Understanding child custody
The term “child custody” encompasses both physical and legal custody of children after a relationship breakdown.
- Physical custody is about who the child primarily lives with
- Legal custody refers to who makes significant decisions in the child’s life, such as education, healthcare, religious upbringing, etc.
Parents must prioritize the best interests of their children when arranging these matters—or the California courts will intervene. The preference is generally for both parents to be closely involved in the child’s life and decision-making (shared custody) but sole custody by one parent may be preferable in some cases.
Even parents who are denied custody usually retain rights to parenting time (“visitation”), unless there is a risk to the welfare of the child.
What paperwork is required to file a child custody case in LA?
To file for child custody in Los Angeles County—or request parenting time—you’ll need the correct paperwork. The documents you need to file depend on your situation, such as whether or not you’re married or have already filed a family law case with the court.
If you have not already filed a family law case in the Los Angeles County court system, you need to start one if you want to ask for custody and visitation (parenting time) orders:
- If you and the other individual are married or in a domestic partnership and want to divorce or legally separate: File a Petition for Divorce or Legal Separation.
- If you and the other individual are married or in a domestic partnership and do not want to divorce or legally separate: File a Petition for Custody and Support.
- If you and the other individual are not married or in a domestic partnership and you are not both the child’s legal parent: File a Petition to Determine Parentage.
- If you and the other individual are not married or in a domestic partnership and you are both the child’s legal parent (e.g., you both signed a Voluntary Declaration of Parentage or legally adopted the child): File a Petition for Custody and Support or a Petition to Determine Parentage.
- If you and the other individual have a child together and you need protection from the other parent: File a Request for a Domestic Violence Restraining Order.
If you have already filed a family law case in Los Angeles County, speak to a qualified child custody or family lawyer for advice on how to proceed with a child custody request.
How to file for child custody in Los Angeles County
To open a family law case, you’ll need to go to the Los Angeles Superior Court and open a paternity case, request a divorce or legal separation, request a domestic restraining order or simply ask for a child custody and support order from the court.
To protect the interests of the children, many types of family law cases result in automatic temporary restraining orders that prevent either party from changing insurance beneficiaries, traveling out of state with the child without permission, etc.
From there, three basic steps are required to request child custody in Los Angeles County.
Once you’ve collected the correct forms to request custody, fill them in, explaining who you think should have legal and physical custody of each child and why. You should also request child support and/or money for attorney’s fees at the same time, as well as any other temporary orders that are required.
Attach any existing custody agreements, restraining orders or child and spousal support orders and file the documents with the court. You can file documents online with the Los Angeles Superior Court using electronic filing (eFiling) or go in person with three copies of the documents to the court and file them with the court clerk.
The clerk will stamp your documents and return two of the copy sets: one for you and one for the other parent. You’ll need to pay the required fees (see below) or apply for a fee waiver. You’ll then receive a date for your first hearing.
Serving documents usually requires someone not involved in the case (aged over 18 years) to deliver the papers in person, along with a blank responsive declaration. Otherwise, you may be able to mail or serve the papers electronically—check with the court clerk.
A Proof of Personal Service form or Proof of Service by Mail form should be completed by the party who delivered or sent the papers.
The completed Proof of Service form must be filed with the court clerk at least five court days before your hearing. You should be able to do this online.
The other parent may also file a responsive declaration if a response to the legal action is necessary or desired. If so, you will be served a copy of the response at least nine days before the date of the court hearing.
This completes the process of filing for child custody. The outcome depends on what happens at the court hearing, at which you can and should be presented by a competent family lawyer.
How much does it cost to file for child custody in Los Angeles County?
The cost to file the paperwork is between $435 and $450 in Los Angeles County. Additional fees may apply if you need further orders from a judge. However, you may be eligible to apply for a fee waiver if you cannot afford the fees.
The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody matters. Contact us online or call 213-788-4412 today for a free 15-minute phone consultation about your case.
