Sunday, February 12, 2012

Child Custody / Visitation

Types of Custody / Visitation Orders

Custody of Children

Legal Custody:
Legal custody determines which parent will make decisions concerning the child's or children's health, safety, education, and welfare. One parent can make these decisions alone, which is known as sole legal custody, or both parents may retain the right to make these decisions, known as joint legal custody. Joint legal custody means both parents should cooperate on decision-making, but that either parent has the power to make decisions alone. Sole legal custody means only one parent can make decisions and obtain information from the child's or children's school and doctor, for example.
Physical Custody:
Physical custody determines where the child or children will reside. Sole physical custody means the child or children live with one parent and may visit the other parent. Joint physical custody means the child or children reside with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the primary custodial parent for tax and other purposes.

Visitation of Children

Unsupervised Visitation:
The parent who does not have the child or children more than half of the time is entitled to visitation with the child or children. Visitation plans should be specific in order to avoid potential conflicts and eliminate confusion. In developing a specific visitation plan, keep in mind that it can be helpful to be specific about which weeks of the month the visits will occur to make the plan more enforceable. For example, if a parent will have the child or children every other weekend, it would be helpful to define that specifically as the 1st, 3rd, and 5th (or the 2nd and 4th) weekend of the month. The pick-up and drop-off times may also be specific, such as Friday at 3:00 p.m. to Sunday at 6:00 p.m.
Supervised Visitation:
This option is used when the child's or children's safety and well-being require that visits with a parent be supervised by the other parent, another adult, or a professional agency.
No Visitation:
This option is used in extreme situations in which contact with the parent would be physically or emotionally harmful to the child.

Residential Requirements

If you do not have a case for custody and visitation filed in any court, you may file in Sacramento County only if the child has resided in California for the past six months and currently resides in Sacramento County. If a custody case has already been filed in another state or county, contact that court for information about modifying the orders or moving the case to Sacramento County.

Before considering any of these actions, it is recommended that you seek legal advice regarding this very technical area of the law.

Custody / Visitation Orders for Married Parents

Married parents who wish to obtain custody or visitation orders must first open a family law case, usually for dissolution of marriage (divorce). Married parents who do not wish to file for divorce, may also obtain custody orders in a legal separation or nullity case. The family court cannot make custody and visitation orders until a family law case has been filed.

Custody / Visitation Orders for Unmarried Parents

Unmarried parents who wish to obtain custody or visitation orders must first open a family law case, and, if parentage has not been legally established, must first establish legal parentage of the child or children. This is done by filing a parentage case under the Uniform Parentage Act (UPA). The family court cannot make custody and visitation orders until a family law case has been filed.

Custody / Visitation Orders Without Filing for Dissolution, Legal Separation, or Parentage

The Petition for Custody and Support of the Minor Children is used in very limited circumstances. You may only use this method of obtaining custody and support orders if there is no other case that has been filed anytime, anywhere regarding the children of this relationship. You may file this petition if you are married to the other parent and do not wish to file for a divorce, legal separation, or nullity, or you are not married to the other parent and you and the other parent have signed a Voluntary Declaration of Paternity regarding each child. Be aware that if you are married to the other parent and later decide that you would like a divorce, legal separation, or annulment, you will have to file a new case and pay another filing fee.

Establish / Modify / Change Orders

After the appropriate type of case has been filed in court, you may proceed with filing the necessary paperwork to obtain orders to establish child custody, visitation and/or support. This is usually done by filing an Order to Show Cause. A form packet, along with a detailed instruction sheet, is available from the cashier in Room 100 at the William R. Ridgeway Family Relations Courthouse, located at 3341 Power Inn Road which is approximately one half mile south of Folsom Blvd/Highway 50. The Family Law Filing Counter is open from 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding court holidays. The packet is free of charge. This same packet can also be used to modify your existing custody or visitation orders. If you are unable to visit our court in person, you may also download the forms and instructions from this Web site. Please visit our Self-Help Resources page for additional information

Child Custody Recommending Counseling / Evaluation / Confidential Mediation

For custody mediation or evaluation information, please see Child Custody Recommending Counseling, Evaluation, or Confidential Mediation.

Emergency / Temporary Orders

In family law cases, court orders can be obtained only after the appropriate paperwork is filed, a hearing is scheduled, and notice of the hearing is served on the other party allowing him/her sufficient time to file a response. These hearings occur in open court in front of a judge. In limited situations, where there is an emergency, the judge may grant a Temporary Order to be in effect only until the hearing in open court. A Temporary Order is only issued when irreparable harm will result if an order is not made before the hearing.

To obtain a temporary order, you must give the other party notice that you are requesting an emergency temporary order(s). This notice must be given by 10:00 a.m. on the court day before you plan to file your documents with the court. You must tell the other party the date, time, and place (Room 100 of the William R. Ridgeway Family Relations Courthouse) to appear if he/she wishes to object to the temporary order(s) you are requesting. This notice must be give in person or by telephone. If an attorney represents the other party, the notice must be given to that attorney.

The notice must be given in all cases unless it is established that there will be an immediate threat of danger or harm if the notice is given. This can be established only in rare cases. It is the general policy of family law courts that judges do not make temporary orders unless both sides have the opportunity to be heard.

Days and times for filing applications for Ex Parte Orders are Monday through Friday, (excluding holidays), between the hours of: 8:30 a.m. to 11:00 a.m. AND 1:30 p.m. to 3:00 p.m.

When you arrive at William R. Ridgeway Family Relations Courthouse for your hearing, you must first go to the Information Booth to obtain a service number before you will be permitted to file your documents or speak to the filing clerk.

Filing Your Forms

Family Law documents may be filed in person or by mail. The court will not set hearings over the phone. Documents submitted through the mail will be assigned a hearing date according to the statute requirements. The court strongly recommends that you appear to file any Restraining Order.

Please be advised of the following when filing documents by mail:

  • Pleadings will not be filed unless they comply with California Rules of Court, rule 2.100 - external link which require that all documents presented for filing must be legible and either typed or printed.
  • No conformed copies of documents filed with the Family Law Court will be returned by mail unless a self-addressed stamped envelope, with sufficient postage, is provided.
  • All papers presented for filing must be pre-punched in the standard two-hole position at the top of the document and in triplicate.
  • Documents submitted for filing without the total fee due will be returned unfiled.
  • Filings paid with checks that are returned for non-sufficient funds will be void if not paid by cash or certified check / money order within 20 days of notification. (411.20 Code of Civil Procedure.)

There are fax filing agencies that are approved to submit papers to the court through the use of a fax if you are unable to personally appear.

For Family Law filing fees or other court filing fees, please refer to our Fees page.

NOTICE: If you are unable to pay fees and costs, you may ask the court to permit you to proceed without paying them. Check our page on Fee Waivers and/or ask the Family Law filing clerk for the Informational Sheet on Waiver of Court Fees and Costs and Application for Waiver of Court Fees and and Costs (Pursuant to California Rules of Court, rule 3.50-3.63 - external link). You may also download the fee waiver forms at the Judicial Council - external link Web site.

Representing Yourself

If you intend to represent yourself, it may be helpful to drop by the Self-Help Center located in Room 113 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road. The Self-Help Center offers services to help you represent yourself in both family law and probate court matters. The center houses the Family Law Facilitator's Office and a community resources information and referral service. At the center, staff and volunteers assist you in filling out forms and provide information about legal procedures. These services are available free of charge.

If you have decided to represent yourself, you have taken on the responsibility of knowing the procedures and timelines relating to your paperwork and appearances in court. The Self-Help Center in Room 113 is available to provide this information to you. You may also learn about the rules you must follow in the Family Code - external link, Code of Civil Procedure - external link and the Family Law Local Rules as, well as, the California Rules of Court - external link. You can find those resources, as well as guide books to assist you, at the Sacramento County Public Law Library - external link in Room 112 of the Family Relations Courthouse. You can also purchase the Local Rules for $10.00 from the Cashier in Room 100 of the Family Relations Courthouse.