Frequently Asked Questions

Yes, you are required to pay the first paper fee the first time you file a response or other document for which any fee would be due, even if there is already a judgment. But each party needs to pay this fee only once. Fee waivers are available for qualified litigants.

No, there are no court fees for requesting a Domestic Violence Restraining Order.

Uniform filing fees in family law cases are authorized in Government Code section §70670 et seq. Generally, first paper fees must be paid by the Petitioner and Respondent. The fees that apply to Family Law matters can be found on the Fee Schedule.

Yes, as long as you give proper notice and aren't ordered to appear in person. For specifics, see the court's "How to Appear for Your Hearing" web page. 

Yes, if you are changing your name to one you previously used. The request can be made in the Petition, at the time of judgment, or after judgment has been entered. The California Courts website has a Self-Help Guide for this.

If you have a temporary restraining order, you may file an ex parte application with the court to request the termination of your temporary restraining order prior to your court hearing. If you've changed your mind and don't feel you have the need for the restraining order, you can also simply not appear at your hearing, which will result in a a dismissal of your request.

If you have a restraining order after hearing, you may file a Request for Order with the court to request the termination of your restraining order after hearing.

"Ex parte communication" means one party (or attorney) contacting the Family Court Counselor without the other party being present or having knowledge of the nature of the discussion. Ex parte communication is not allowed by parties or attorneys at any time before or after a judge has made a decision in the case. 

No. If the Family Court Services Counselor needs to interview the child or children, or it is ordered by the judicial officer, an interview will be scheduled for another time.

Yes, a history of domestic violence can have a significant impact on custody and visitation orders.. For more information, see the California Courts Self-Help Guide on domestic violence and custody..

Yes, Family Court Services Counselors interview both parents together. The exception to this policy is if there has been an alleged history of domestic violence or when there is a protective order in effect and one party has requested separate interviews.

To request an interpreter, a party should submit the Interpreter Request/Cancellation form (SDSC Form #ADM-348PDF) as far in advance of the court date as possible. Find more information on the Court’s Language Access page.

California has a statewide uniform guideline formula for figuring out how much child support should be paid. If parents cannot agree on child support, the judge must decide the child support amount based on the guideline calculation. The guideline amount is presumed to be correct. In very limited circumstances, the judge can order something other than the guideline amount.

The guideline calculation depends on:

• How much money the parents earn or can earn,
• How much other income each parent receives,
• How many children these parents have together,
• How much time each parent spends with their children,
• The actual tax filing status of each parent,
• Support of children from other relationships,
• Health insurance expenses,
• Mandatory union dues,
• Mandatory retirement contributions,
• The cost of sharing daycare and uninsured health care costs, and
• Other factors.

Child support might also include the cost of special needs, such as:

• Traveling for visitation from one parent to another,
• Educational expenses, and
• Other special needs.

In California, child support is determined by using the statewide uniform guideline formula. This formula primarily considers the parent's incomes and the percentage time the parents spend with the children.

No. Access to the child for visitation and payment of child support are two separate issues. If you do not have a court order to see your child, or if the other parent is preventing you from seeing your child according to the court order, you may seek help from the court to address the situation.

No. State law requires all paperwork to be filed at the court location where your case was initiated until and unless the case is transferred by court order. That process involves filing a Request for Order in the original county and, if granted, payment of additional fees (although you may apply for a fee waiver). You may talk to Family Law Facilitator staff for more information.

Child custody recommending counseling may include, but is not limited to, interviews with the parents, children, and other parties who may be legally joined to the case. The Family Court Services Counselor may also contact other individuals who may have information about the situation.

If you cannot afford the court's filing fees or other court costs, you may request that the court waive all or some of your filing fees or costs by applying for fee waiver. you must complete and submit a Request to Waive Court Fees (Form FW-001) and, with the top portion completed, an Order on Court Fee Waiver (Superior Court) (Form FW-003). Each party must complete their own forms when seeking a fee waiver.

Generally, eligibility for the fee waiver is based upon your household income or whether you receive public assistance. If a you file a request for a fee waiver and the court finds that you do not qualify, you must pay the appropriate filing fees.

Additional detailed information on requesting a fee waiver can be found on the California Courts website.

You can hire a translator to do the work by locating one on your own, or you can refer to the California Courts website to locate a state-certified interpreter/translator for your language in San Diego County.

In the State of California, it is not necessary for both spouses to consent to the divorce. Either spouse can decide to end their marriage and it is not necessary for the other spouse to agree. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non-participation may lead to a default judgment but not to a dismissal of the divorce request.

If the other parent has violated the court order for custody and visitation, you may use the reporting tool on the website of the San Diego County District Attorney’s Office. The system will allow you to document violations immediately without contacting law enforcement to take a report. This is not a report to law enforcement or the court and will not result in any action. However, it can be used as evidence if you file a motion to change or enforce the court order.

Options for legal action may depend on the situation. Please talk to Family Law Facilitator staff for further information or contact a private attorney for legal advice.

In many cases, parties are able to agree on custody and parenting time issues. However, if the parties are unable to reach a full or even partial agreement, the Family Court Services Counselor will prepare a report that includes written recommendations to the court on the issues that the parties have been unable to agree on. Please note that the Family Court Services Counselor can only make recommendations. The judicial officer will consider the recommendation and hear from the parties and make the final decision.

A Case Status Conference, or CSC, is a short telephone conference with Family Law Facilitator staff. Generally, status conferences are scheduled every six months for the first 18 months of a case. It is to designed as a check-in, to determine what steps are needed to move the case forward toward a judgment.

The Family Law Facilitator's Office conducts CSCs. Our staff will call the Petitioner and, if a response has been filed, the Respondent. No judgment or orders are made at the CSC.

If either side has an attorney of record, the court will schedule a Family Resolution Conference, or FRC, in the courtroom instead of an CSC with Family Law Facilitator staff.

A "custodian" is a person who "guards or protects" someone else. In a court of law, child custody means the appointing of one or more persons to take care of and control a child under the age of 18 years.

In the State of California, there are several types of child custody:

• Physical custody means who the child lives with most of the time;
• Legal custody means who has the right and responsibility to make the decisions relating to the health, education and welfare of the child.

The physical and legal custody of the child may be "sole" or "joint."

• Sole physical custody means that the child will live with and be under the supervision of one parent. (The court may order that the other parent has some rights to visit the child.)
• Joint physical custody means that each of the parents will have significant periods of physical custody.
• Sole legal custody means that one parent will have the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.
• Joint legal custody means that both parents will share the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.

In general, after parents separate, it is considered best if the child has frequent and continuing contact with both parents and that both parents share the rights and responsibilities of raising their child.

When a parent files a motion for custody or visitation, a child custody counseling session is scheduled with Family Court Services (FCS) before your hearing before a judge. FCS is a form of mediation between the parents with the help of a counselor who works for the court. If the parties do not reach an agreement during the FCS session, the counselor will submit a detailed written report to the court that includes a recommended parenting schedule, including holidays and vacations, and the reasons for the recommendation.

A divorce judgment restores the status of a spouse or domestic partner to that of a single person. A legal separation includes many of the same orders that a divorce judgment can (custody, visitation, child support, spousal support and the division of assets and debts), but it cannot terminate marital or domestic partner status.