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State guide · CA

California Family Court: Custody and Parenting-Time Guide

Plain-language California information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

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This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

State laws, court rules, and forms can change. Automated link checks will run every week once the monitoring job is deployed. Please check each cited source before relying on it. Report a broken link or changed law.

Find the right family court

The custody or parenting-time route described in this guide is handled through the Superior Court of California. Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • California has 58 trial courts, one in each county; the superior courts are California's trial courts.Sources:Superior Courts

How California courts decide custody

California law makes a child's health, safety, and welfare the court's primary concern when deciding custody or visitation orders.Sources:California Family Code section 3020

  • In a best-interests determination, California law directs the court to consider the child's health, safety, and welfare, specified abuse history, the nature and amount of contact with both parents, and specified substance misuse, among other relevant factors.Sources:California Family Code section 3011

  • California law says a court may not consider a parent's, guardian's, or relative's sex, gender identity, gender expression, or sexual orientation when determining best interests.Sources:California Family Code section 3011

Key legal sources

Parenting time

California courts use the term "parenting time" for visitation, and parenting plans address custody and visitation orders.Sources:Child custody and visitation (parenting time)

  • California's self-help guide describes visitation orders with a schedule, a reasonable open-ended arrangement, supervision, or no visitation.Sources:Child custody and visitation (parenting time)

  • When custody or visitation is contested on the face of a pleading to obtain or modify an order, California law says the court shall set the contested issues for mediation.Sources:California Family Code section 3170

Key legal sources

How to file

This route covers a request for custody or parenting-time orders in an existing California family-law case using Request for Order form FL-300; it does not cover opening a new case, emergency requests, enforcement, or an interstate case.Sources:Ask for or change a custody and parenting time order

  1. Confirm the request route

    California Courts explains that a custody or parenting-time request requires a family-law court case; if no case exists, the person must open one at the same time, which is outside this route.Sources:Ask for or change a custody and parenting time order

  2. Complete the request forms

    For this route, California Courts identifies Request for Order form FL-300 to state the requested orders and reasons; form FL-311 provides schedule and exchange details.Sources:Ask for or change a custody and parenting time order

  3. File using the court's current method

    California Courts' filing guidance says to include any required filing fee or fee waiver with the papers and to check the court's current filing instructions.Sources:How to file court papers

  4. Complete the applicable service process

    California Courts explains that service follows a specific process and includes completing a proof of service form for filing with the court.Sources:Serving court papers

  5. Check whether mediation is set

    For a contested custody or visitation request, California law directs the court to set the contested issues for mediation.Sources:California Family Code section 3170

  6. Follow the hearing notice and local instructions

    Review the hearing notice and the handling court's current instructions before the hearing; California Courts notes that material first brought to a hearing may not be considered.Sources:Prepare for your court date

Official forms

Open the official forms portal.

  • California Courts' forms portal lets people search for Judicial Council forms by topic or form number and marks forms adopted for mandatory statewide use.Sources:Find Your Court Forms

  • California Courts says a superior court may require local forms in addition to statewide Judicial Council forms, so local court instructions matter.Sources:Guide to court forms

Free court self-help

Find court self-help near you.

  • State Bar of California legal-aid resources

    Area served: California

    The State Bar says it funds legal-aid organizations throughout California that provide legal services to residents with low and moderate incomes, including help with custody and family-law issues.Sources:Free Legal Help

    Eligibility: The State Bar page describes the funded services for California residents with low and moderate incomes; each organization can provide current details about its services.

  • Harriett Buhai Center for Family Law

    Area served: Los Angeles County

    The center says it helps people with limited incomes with custody, spousal and child support, paternity, and restraining-order problems.Sources:Legal Help

    Eligibility: The center says applicants must show limited funds, live in Los Angeles County, and have or want to file a family-law or domestic-violence case in Los Angeles County; it also says it cannot accept every case.

Fee waivers

California's FW-001 page says a person may ask the court to file papers and receive services without court fees and costs based on public benefits, low income, or insufficient income for basic needs and court fees.Sources:Request to Waive Court Fees (FW-001)

Who may qualify

  • California Government Code section 68632 provides eligibility routes based on listed public benefits, income at or below the statutory guideline, or inability to pay while meeting common necessities of life.Sources:California Government Code section 68632

What to do

  1. Complete the current FW-001 form

    Use Request to Waive Court Fees form FW-001 and provide the requested information for the applicable eligibility basis.Sources:Request to Waive Court Fees (FW-001)

  2. Submit the request with the papers

    California Courts' filing guidance says to file a fee-waiver request with the other papers; a clerk or judge decides whether the person qualifies.Sources:How to file court papers

  3. Follow any fee-waiver order promptly

    California Courts says that when a waiver is not granted, the court's instructions can require payment or more information within 10 days and can place other filed papers on hold.Sources:If your fee waiver isn't granted

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm

  • California uses statewide Judicial Council forms, but California Courts says a superior court may require additional local forms and that local court instructions must be checked.Sources:Guide to court forms

Part of Family Law in Your State.