Petition for Custody and Support of Minor Children (One or Two Children)

Filing Fee

$435.00

Fee waivers can be requested when a fee is due

Steps

1. Prepare Your Initial Pleadings

A new case requires, at a minimum, a Petition that describes the orders you're requesting, a Summons that provides notice that a case has been started, and a Family Law Certificate of Assignment.

2. File Your Initial Pleadings

File your initial pleadings, along with two full sets of copies, with the Family Law Business Office. The copies will be file-stamped and returned. Be prepared to pay a filing fee or submit a fee waiver.

 

3. Have Your Initial Pleadings Served

One of the returned sets of file-stamped copies should be personally served (delivered) to the Respondent by a third-party. Have your server complete a Proof of Service of Summons. 

4. Finalize Your Case With a Judgment

In dissolution (divorce), legal separation, nullity and parentage (paternity) cases, a judgment finalizes the case. A judgment can be obtained by default, settlement agreement or trial.

Fee Waiver Forms

Form Form Code Sample
Request to Waive Court Fees FW-001 Example
Order on Court Fee Waiver (Superior Court) FW-003 Example
More information about fee waivers.

Recommended Forms

Form Form Code Sample
Petition for Custody and Support of Minor Children FL-260 Sample
Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 Sample
Summons - Parentage - Custody and Support FL-210 Sample
Family Law Certificate of Assignment D-049 Sample

  • Custody and Support cases provide the court jurisdiction to make custody, visitation and child support orders. The court cannot make a parentage (paternity) judgment in a Custody and Support case, so these cases require either a current marriage between the parties or a previous establishment of parentage (paternity) by judgment or voluntary declaration of paternity.

  • The Petition informs the court and other party what orders you're requesting. The Summons provides notice to the other party that a case has been initiated and describes the automatic restraining orders that apply to both parties (see page 2)

  • Use the Declaration under UCCJEA to provide information needed to determine if the court has jurisdiction, or power, to make orders regarding your children.

Optional Forms

Form Form Code Sample
Child Custody and Visitation (Parenting Time) Application Attachment FL-311 Sample
Additional Provisions - Physical Custody Attachment FL-341(D) Sample
Joint Legal Custody Attachment FL-341(E) Sample
Children's Holiday Schedule Attachment FL-341(C) Sample
Request for Child Abduction Prevention Orders FL-312 Sample

  • Use the custody and visitation attachments to provide more detail about the orders you're requesting. 

Additional Resources

Related Form Collections

Related Articles

Related FAQs

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.

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.

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.

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.

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.