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Child custody and parenting time | California Courts | Self Help Guide
How to respond if you got (were served) papers asking for a custody and parenting time order
What is a parenting plan?
Parenting plans have orders about child custody and parenting time, also called visitation. Your parenting plan should describe:
How to care for your children
Where they will live
When they will see each parent

Parenting plans must be in the best interest of your children.

Until you have a court order, both parents have the same rights. This means that both of you can make decisions about your children. No parent has any more rights to have the children in their care than the other.  

If you or your child have been abused by the other parent, 
special laws apply to your case.
 

Child custody
Child custody refers to the rights and responsibilities of the parents for taking care of the children. There are two types: 

Legal custody: who makes important decisions for your children (like health care, education, welfare). 

Physical custody: who your children live with most of the time. 

Legal and physical custody can be shared (joint) or only to one parent (sole)
Joint legal custody: both parents share the rights and responsibilities for making important decisions about the children. 
Sole legal custody: only one parent has this right and responsibility. 

ExampleS of important decisions
School or childcare 
Religious activities  
Psychiatric, psychological, or other mental health counseling or therapy needs 
Doctor, dentist, orthodontist, or other medical care (except in emergency situations) 
Sports, summer camp, vacation, or extracurricular activities 
Travel 

Parenting time
Types of parenting time orders
Parenting time (or visitation) can be open, with a schedule, supervised, or none. There are 4 main types of parenting time orders: 
With a schedule
Often, it helps parents and children to have a set schedule with the dates and times that the children will be with each parent. The schedule can include holidays, special occasions (like birthdays, mother's day, father's day, and other important dates for the family), and vacations. 
Reasonable
These orders are open-ended. They allow the parents to work it out between them.
Child Custody, Support, and Visitation | Superior Court of California | County of Alameda
An adult (18 years of age or older) who is not involved in your case or a professional process server (you can find one in the telephone book) can serve the papers for you.
The person who serves the papers must complete a "Proof of Personal Service" (Form FL-330). The proof of service form says he or she has delivered the papers to the other party.

NOTE: Once the other party has been properly served, and you do not have a child custody agreement with the other parent, mediation is mandatory. Contact the Child Custody Mediation Services Office right away. 

Step 4: File the Proof of Service:
File the original "Proof of Personal Service" with the Clerk’s Office as soon as possible and before your hearing. Bring a filed copy of the proof of service to your hearing. If you can't file the proof of service before the hearing, bring the original plus 2 copies to your hearing.
Step 5: Go to your hearing:
Go to court early.
Remember: bring copies of all papers in your case, your copy of the filed proof of service, and any other documents that support your case. If you have any witnesses, make arrangements to ensure they come, too.

Step 6: After the hearing:
After the hearing, any orders the judge makes must be written down on court forms

 

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Probate | Superior Court of California | County of Tulare
A mental health conservatorship proceeding is required for such an involuntary commitment. However, the guardian may secure counseling and other necessary mental health services for the child. A variety of counseling services is available to help children. As guardian, you are expected to secure necessary services, cooperate with counselors, and maintain regular contacts with the child's treatment providers.
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There are agencies in each county that may be helpful in meeting the specific needs of children who come from conflicted, troubled, or deprived environments. If the child has special needs, you must strive to meet those needs or secure appropriate services. Some children may have physical or learning disabilities. Other children come from abusive homes or have been victims of abuse. Counseling and other services may be necessary to assist a child who has special needs or has had unpleasant life experiences. If you need assistance, you should check with the court or with your local child welfare services agency for a referral to agencies that can help you and the child.
Financial Support
Even when the child has a guardian, the parents are still obligated to support the child financially. The guardian may take action to obtain child support. You may contact the local child support agency in your county to collect support from a parent. The child may also be eligible for Temporary Aid for Needy Families, TANF, formerly known as AFDC; social security benefits; Veterans Administration benefits; Indian child welfare benefits; and other public or private funds.
Visitation
The court may require that you allow visitation or contact between the child and his or her parents. The child's needs often require that the parent-child relationship be maintained, within reason. However, the court may place restrictions on the visits, such as the requirement of supervision. The court may also impose other conditions in the child's best interest.
Under most circumstances, it is best for you to have a working relationship with the parents, if possible. However, in every case, you must follow all orders of the court, including those that may restrict contacts and visitation.
Driver's license
As guardian of the person, you have the authority to consent to the minor's application for a driver's license.
Child custody and parenting time | California Courts | Self Help Guide
Child custody and parenting time | California Courts | Self Help Guide

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Child custody and parenting time
When you separate from your child’s other parent, you need a parenting plan. Sometimes parents can agree to a parenting plan. Other times they need the help of the court to come up with a plan. 

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ON THIS PAGE
What is a parenting plan?
Child custody
Parenting time 
Determining what's in the best interest of your child
How to get or change a custody and parenting time order
How to respond if you got (were served) papers asking for a custody and parenting time order
What is a parenting plan?
Parenting plans have orders about child custody and parenting time, also called visitation. Your parenting plan should describe:
How to care for your children
Where they will live
When they will see each parent

Parenting plans must be in the best interest of your children.

Until you have a court order, both parents have the same rights.
Introducción al caso de filiación | California Courts | Self Help Guide
Si hay un fallo de la corte de filiación que dice que usted es el padre legal del menor, es difícil anularlo (cancelarlo) porque solo hay unas pocas razones que lo permiten y los plazos son estrictos. Si usted y el otro padre estaban casados y juntos cuando nació el menor, puede ser muy complicado. Pida asesoría a un abogado.
Hable con el personal de ayuda de la corte o pida asesoría a un abogado de inmediato. 

"La determinación de la filiación" significa que la corte dicta una orden que dice que alguien es o no es el padre legal de un menor o que los padres firman un formulario de declaración voluntaria.

Por qué es importante la filiación legal
Los padres legales tienen derechos y responsabilidades
Los padres legales de un menor:
Pueden solicitar órdenes de custodia y visita (tiempo de crianza)
Están obligados a mantener económicamente a sus hijos
Pueden figurar en una acta de nacimiento de California
Un menor puede heredar y obtener beneficios económicos (como Seguridad Social o beneficios para superviviente) de sus padres legales. Un menor nacido fuera de los EE. UU. puede adquirir la nacionalidad estadounidense si uno de los padres legales es ciudadano estadounidense.
Si alguien no es padre legal, tiene que convertirse en uno para tener los mismos derechos y responsabilidades. A esto se le llama establecer la filiación.
Enforce a custody order | California Courts | Self Help Guide
What you do depends in part on what the violation is and how serious it is. Keep a record of any violations. This can help if you decide you do want to enforce an order. You have different options.

Contact the local police department and ask them to enforce
Make sure you have a copy of the current order to give them. 

Contact the district attorney in your county
If you think the parent has abducted your child, you can request help from the child abduction unit of your county district attorney's office. 

File a contempt of court 
These are for cases where the parent is intentionally violating the order. In a contempt case, you ask the judge to enforce the order and make a finding that the other parent willfully disobeyed the court order. This is very complicated and can have serious consequences for the other parent, even jail time. Talk to a lawyer to get help with it.

Get an updated order
You can ask to change the order. Your new order could include more details and have terms that address any issues. You can ask to change an order if the other parent has blocked your access to your child. 

Enforcing an order can be complicated. You may need advice from a lawyer. You can also find out more about your options from your court's Self-Help Center.

 You're worried the other parent may kidnap your child

 Have a clear order with detailed information about travel 
Law enforcement or airline staff may not be able to stop a kidnapping if the order is not clear. A clear order could
List the exact time, location, and manner of any custody exchanges
Prohibit travel with the child
Require supervised visitation
State who can apply for or keep a child's passport
Ask for a Child Abduction Prevention Order
You can ask for a judge to make an order to help prevent child abduction. For example, you can ask the judge to order supervised visitation or restrict the parent from taking the child out of the county, state, or country. In your request, you will need to explain why you think the other parent may take your child without permission. 
To make the request, you file a Request for Order (form FL-300). Then
The Superior Court of California - County of Ventura - Family Law
Child Custody Recommending Counseling, and Orientation, are free services provided by the Family Court Services staff of the Ventura Superior Court.
Summary of Procedures
The parents meet with a particular kind of mediator known as a Child Custody Recommending Counselor (CCRC). All CCRCâs have Mastersâ Degrees in 
 such fields as Marriage and Family Therapy and Social Work. They use specialized education and experience to try to resolve disagreements, and to help 
 parents create a plan that is in the best interests of their child or children.
Children six years of age and older are customarily interviewed in private by the CCRC, but do not participate in the discussions conducted with the parents.
The CCRC will review the pleadings and documentary evidence in the court file if they have been filed within the time deadlines set by law. During the session, 
 the CCRC will gather additional information about the issues that brought the family to the Court, as well as about such things as parenting history, needs of the 
 children, and school and work schedules.
The CCRC may obtain information without the parentsâ permission from anyone with knowledge about alleged domestic violence (including child abuse). The CCRC 
 also has discretion to obtain criminal history information. Other collateral contacts may be made when both parents agree.
If parents agree on some or all of the issues, the CCRC will prepare a document for the Judge to approve containing those agreements. Parents can review the 
 document with their attorney before signing it. If parents are unable to reach an agreement about some or all of the issues, the CCRC will make a written 
 recommendation about them and give it to the Judge. Parents will receive a copy of the recommendation before the hearing, and either of the parents, or the 
 Judge, may ask the CCRC to testify about the basis for the recommendation. That testimony will be considered, along with the evidence and argument of the 
 parents, when the Judge decides if the recommendations should be adopted or modified.
Confidentiality
If parents reach an agreement on all issues, everything discussed with the parents in the mediation will remain confidential, and information the CCRC 
 receives from children will not be disclosed to the parents or others.
Child Support Information: Sacramento Superior Court

Will my support go down if I have the child(ren) more often?

 The amount of time that the children are in your custody is a factor in 
 calculating child support. Generally speaking, the more time you have the 
 children, the lower your child support because you are supporting them
 directly when they are in your care.
How long do I have to pay child support?

 Until the child is 18 years of age, if he or she has already graduated from high 
 school. If your 18-year-old child is still a full time high school student 
 residing with a parent, the child support is payable until your child graduates 
 or reaches 19 years of age, or your child marries, dies, becomes self-supporting 
 or emancipates.
Can I get rid of the interest accruing on the back child support I owe?

 The court cannot reduce or forgive interest on past due 
 child support. Consult an attorney or the
 
 Department of Child Support Services - external link.
 	
How do I stop them from taking half my paycheck?

 By law, your employer can take up to 50% of your net income to satisfy a child
 support order. If this does not leave you with enough money to support yourself
 or the children in your care, you can file a Request for Order to ask the Court
 to reduce your child support amount and/or the payment on arrears.
What if the other party does not pay child support?

 If a wage assignment was not already issued, you may submit one directly to the 
 court and have it served on the employer once it has been signed by the judge.
 You may also contact the 
 Department of Child Support Services (DCSS) - external link, 
 located at 3701 Power Inn Road, who will help any parent, regardless of income 
 and at no cost, to enforce child support orders. You do not have to be on public 
 assistance to get help from DCSS.

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Self-Help Glossary - selfhelp
Permanency Planning Hearing: A hearing to give a dependent child a permanent place to live. The hearing generally happens up to 18 months after the child is taken away from the parents.
personal injury: A kind of civil case that asks for damages for physical injury to people and/or property, or for wrongful death.
personal jurisdiction: The power of a court over the person of a defendant. In contrast to the jurisdiction of a court over a defendant's property.
personal service: Refers to when court forms are personally served (delivered). The person who serves the forms must tell the other person that these are legal papers, then leave the papers near the person (at their feet is fine). The person they serve does not have to accept the papers or say or sign anything.
petit jury (or trial jury): A group of citizens that listen to the evidence presented by both sides at trial and figure out the facts in dispute. Criminal juries are made up of 12 people; civil juries are made up of at least 6 people. (See also jury and grand jury.)
petition: A formal written request given to the court asking for a specific judicial action. (Compare motion.)
petitioner: A person that presents a petition to the court.
Physical Custody: Where the children live, who takes care of them, and how much time they spend with each parent. There are two types of physical custody arrangements: primary or sole physical custody and joint or shared physical custody.
plaintiff: A person that brings an action; the party that complains or sues in a civil case.
plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. (See also nolo contendere.)
plea bargain: Negotiation between the prosecuting attorney and the person accused of a crime or that person's lawyer to exchange a guilty plea for conviction of a lesser charge, if the court approves.
pleading: Written statement filed with the court that describes a party's legal or factual claims about the case and what the party wants from the court.
points and authorities: Also called "P's and A's."
Family Law | Superior Court of California | County of Tulare
A party who either can't file for divorce because he or she doesn't meet the residency requirements or does not wish to end the marriage for psychological or economic reasons may file a legal separation. The judicial officer can make orders for child support and/or spousal support, custody and visitation, and division of property; however, the parties remain legally married, even though they may be living apart.
You may ask the judge to declare that your marriage is not valid by filing an annulment (nullity of marriage). There are several reasons for why a judge may say that a marriage is not legally valid. For example, a marriage that is incestuous (between close blood relatives) or bigamous (where a spouse is already married to someone else) is never legally valid.
Custody and Visitation
The Petition for Custody and Support of Minor Children may be filed by parents who:
Have signed a Voluntary Declaration of Paternity, or
Are married and don't want to get legally separated or divorced, or
Are not married and have legally adopted a child together, or
Have been determined to be the parents in a juvenile or Department of Child Support case
By filing this petition, the parents may ask the court to make custody and support orders, in addition to other orders.
You may also ask the court to make orders for child support, spousal support, custody, and visitation by filing an Order to Show Cause or a Notice of Motion on an existing divorce, legal separation, or nullity, domestic partnership, or paternity case.
Paternity
Establishing paternity means saying who the legal parents of a child are if the parents were not married when the child was born.
A child's parentage must be established before you can get child support or custody and visitation orders. By filing the Petition to Establish Parental Relationship, you may ask the court for child support or custody and visitation as part of this case.
Domestic Partnerships
Domestic partners are defined as "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring."
To dissolve (terminate) a Domestic Partnership, you may file a Petition for Dissolution.
How to Get a Domestic Violence Restraining Order
What is a restraining order?