Frequently Asked Questions

At the conclusion of your FCS session, the Family Court Services Counselor will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the FCS Report. The Family Court Services Counselor will make a written recommendation to the court on any issues that have not been resolved during child custody recommending counseling. The parties will receive a copy of the report prior to the court hearing.

The purpose of child custody recommending counseling with Family Court Services (FCS) is:

1. To help reduce the hostility that may exist between the parties.
2. If possible, to develop an agreement for frequent and continuing contact with both parents that assures the health, safety and welfare of the children.
3. To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the children.

You can ask for a change in your child support amount when there is a change in circumstances. For example, if you change the amount of time you spend with your child, you can ask for a change in your child support by filing a Request for Order.

Before you decide to ask for a change in child support, it is a good idea review the child support guideline in your case. Use the California Guideline Child Support Calculator to estimate how much child support the judge may order in your case. To understand how to fill in the information, it is important to view the instructions. Remember, this calculator only gives you an estimate. The amount the judge orders may be different based on information from the other parent or other factors that affect child support.

Court-ordered child custody usually ends when:

• The child turns 18 years of age
• The child gets married or joins the military
• The child dies before the age of 18

In California, on a person's 18th birthday, he or she has reached the "age of majority" and is considered an adult. From that date, the laws of child custody no longer apply.

Note: Child custody and visitation orders can always be modified by a new court order prior to majority if circumstances have changed.

Court-ordered child support usually ends when:

• The child turns 18 years of age and is not a full-time high school student or;
• The child turns 19 years of age (child support ends at 19 or high school graduation);
• The child gets married or joins the military;
• The court ends the support order; or
• The child dies before the age of 18;
• whichever occurs first.

Parents may agree to support a child longer than the minimum time required. The court may also order that both parents continue to support a disabled adult child if that child cannot support him or herself.

Child custody recommending counseling with Family Court Services (FCS) occurs before the scheduled court hearing on disputed custody and visitation issues.

The easiest way to check is with the Family Register of Actions. When you look up your case, events, including future court dates, will be listed in reverse date order. For hearings and trials, you can also look for your case on the court's Domestic Calendar.

There are two types of guardianships, Probate Court Guardianship and Juvenile Court Guardianship. Guardianships are ordered from the Probate Court if neither the Juvenile Court nor the Family Court has been involved with the child. If the child is a dependent or a ward of the court, Juvenile Court may order a guardianship. If the Family Court has issued a custody order, then in most cases the Family Court will consider any further orders. For more detailed information, refer to form ADM-411, Child Custody and Guardianship Matters - Juvenile, Family, and Probate Courts - General Information or talk to Family Law Facilitator staff.

Adoptions are handled in the Juvenile Court. Family Law Facilitator staff can provide assistance with some adoption filings. 

In California, the same basic procedures apply to people who are legally dissolving a marriage or a registered domestic partnership.

To file for divorce, either one or both of the spouses or partners must have:

• Lived in the State of California for 6 months and;
• Lived in the county for 3 months before starting their divorce in that county.

Same-sex couples who married in California and now live in a state that will not allow them to divorce can sometimes get divorced in California without meeting the residency requirements. 

You cannot "serve" court forms in your own case. The person who serves a copy of your papers to the other party can be anyone eighteen years or older who is not involved in the case.

This includes a:

• Friend
• Relative
• County sheriff
• Professional process server

Any interested party can file a parentage action but generally it is the father or mother who files a case. The court does not give any preference to the person filing the case (petitioner) nor is there any disadvantage to the person responding (respondent). If a child was born during the marriage or the parents have signed a Voluntary Declaration of Paternity or Parentage, a parent would file a custody and support case instead of a parentage action.

It generally does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (the Petitioner) nor any disadvantage to the responding party (the Respondent.)

No. The process of getting a divorce begins once you file a Summons and Petition and have your spouse served. Before your divorce is finalized, all the issues must be resolved, either by default, agreement, or through contested court proceedings (hearings and/or trial). You must have prepared and filed all of the necessary paperwork and paid all the applicable fees. Every case takes a different length of time to resolve. The process may take several months if the case is uncontested, or it could take much longer if there are complex issues.

Do not assume that you are divorced until there is a judgment signed by a judge and processed by court staff.

In all cases, your marital status cannot be terminated any earlier than six months after your spouse is either served with the divorce papers or files a response to the action.

For additional information, see the California Courts Self-Help Guide for Divorce in California.