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

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.