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Conceptos básicos de la corte | California Courts | Self Help Guide
Conceptos básicos de la corte | California Courts | Self Help Guide

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Conceptos básicos de la corte
Una guía de las cosas básicas que puede necesitar hacer en la corte, desde presentar documentos de la corte hasta pedir una modificación por discapacidad. 
 
Si necesita más ayuda o información específica sobre cómo o dónde hacer algo en su corte, visite el sitio web de su corte o comuníquese con la oficina del secretario de la corte. En el sitio web de la corte puede hacer muchas cosas, como presentar documentos en línea (e‑filing, en inglés) o buscar un caso de la corte.

¿Qué necesita hacer?

Buscar y llenar los formularios de la corte
 Dónde encontrar los formularios de una corte e instrucciones básicas para llenarlos.
 

Presentar documentos de la corte
 Cómo presentar documentos de la corte y pagar cuotas de presentación.
Families and Children - CFCC
Families and Children - CFCC

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Families and Children

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Families and Children
Family Law
Juvenile Law
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This section includes resources and program information in the areas of Family and Juvenile law.  It also includes conference materials and a comprehensive list of publications produced by the Center for Families, Children and the Courts (CFCC).

Of Current Interest

CARE Act Implementation
The Community Assistance, Recovery, and Empowerment (CARE) Act authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan that can include treatment, housing support, and other services for persons with untreated schizophrenia or other psychotic disorders.
Summons and Complaint Regarding Parental Obligations (form FL-600) | California Courts | Self Help Guide
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What these forms tell you

Who is asking for a court order
 The Local Child Support Agency (LCSA) filed the case. They are the Petitioner. The LCSA  is part of the California Department of Child Support Services.

What the LCSA wants the court to decide
 On page 3 of the Summons and Complaint, the LCSA lists what they want the court to order. For example, the LCSA may be asking for an order about

Legal parent-child relationship
If item 6 is checked, the LCSA is asking the court to decide if you and the other parent are the child's legal parent (called established parentage).

Child support
If item 7 is checked, the LCSA has asked for the court to order the "obligator" to pay child support. This may also include sharing the costs of child care. The obligator is the person listed on Page 2 in item 2(c).

Health insurance
If item 8 is checked, the LCSA has asked that the court order the obligator to pay for the child's health insurance, if available at a reasonable cost.

The LCSA also asks for a wage and earnings assignment. This means that child support is taken directly from someone's paycheck.

How to respond and what happens if you don't

You can respond by filing an Answer (form FL-610) in court. In your Answer, you can say if you agree or disagree with the amount of child support. If you don't agree you are a child's parent, the court can order genetic testing. 

If you don't file an Answer within 30 days of getting these papers, the LCSA can ask the court to decide the case without your input. This is called a default. The proposed Judgment will become the final court order.
Family Law | Superior Court of California | County of Tulare
The Court Commissioner or Family Law Judge has the final authority to determine the amount of a child support order. This calculator provides only an estimate and is not a guarantee of the amount of child support that will be ordered. Other factors may affect the amount of child support awarded.
General Legal Information: [http://www.calbar.org]: The State Bar of California provides consumer education pamphlets in print or online. Some titles include: How Can I Find and Hire the Right Lawyer? What Should I Know about Divorce and Custody? Can the Law Protect Me from Domestic Violence? What Can I Do if I Can't Pay My Debts?
Options for Divorce in California: The Family Law Section of the State Board of California offers an on-line version of a brochure regarding options for proceeding with divorce in California. Go to www.calbar.org/famlaw and follow the instructions for viewing.
Additional Legal Resources: Nolo Press [http://www.nolo.com] is a for profit business that helps individuals representing themselves by providing information and legal forms to accomplish simple legal tasks. Their products, or other up-to-date products created by other publishers specifically for California, are a good resource to get additional family-law related information while you are getting help from Family Court Services.
Interesting Sites for Researching Real Property: [http://www.zillow.com] or [www.trulia.com] or [www.terabitz.com] or [www.lawresearch.com]. Use these sites to look up real property values and other information related to real estate.
Locate a person: [http://www.zabasearch.com]. Use this website to try to locate a person.
Workplace income information: [http://www.salary.com].
Research car values: [http://www.kbb.com] (Kelly Blue Book) or [http://www.edmunds.com].
Research job availability: [http://www.edd.ca.gov] or [http://www.ajb.org].
Parentage Case Introduction | California Courts | Self Help Guide
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LawHelp Interactive Programs - equalaccess
This new program assists protected persons in Elder or Dependent Adult Abuse or Domestic Violence Restraining Order cases to ask the court to renew a restraining order. It includes the request form and proposed order for both types of restraining orders and forms for both mail and in-person service that the litigant can provide to their server. Court self-help centers that are interested in offering this program may contact Diana Glick to request the inclusion of customized local court information.
California EA or DV Restraining Order Request to Renew
Judicial Council Forms – Program Updates

Last Update: On Friday, March 15, the Judicial Council approved changes to fee waiver forms to reflect an increase in the federal poverty level thresholds. This change affected 56 HotDocs programs in all areas of law. The programs were updated and republished for April 1, 2024.
Next Update: The next scheduled HotDocs update will take place in September 2024.

Statewide Program Links
If you are looking for a link to a program developed specifically for your county, jump to County Programs. 
Courts that want to provide links to HotDocs programs on their local court websites should copy the specific program links below onto internal self-help center or public sites.  This will allow litigants to go directly to LawHelpInteractive.org.
Please do not publish links to the Equal Access site (these informational pages) as it is intended for court self-help center staff. 
The following programs are available for use in any county—to enable a program for your county, please contact us at HotDocs@jud.ca.gov to provide venue and court address information and for assistance with disseminating and displaying links to the programs.

Program Name and Description
Intended User/Setting

Answer to Governmental Child Support Complaint

This program will help the user fill out forms to respond to a governmental child support summons and complaint and provide financial information to the court.
Detailed information about this program here:
Child Support Answer Coversheet

Staff/Workshop
	SRL/Remote Assistance

Child Support Modification Request

This program will help the user fill out the FL-300 Request for Order form specifically to request a change to an existing child support order. It contains questions specific to the current coronavirus state of emergency.
Cancel a Voluntary Decaration of Parentage | California Courts | Self Help Guide
Cancel by submitting a form to DCSS 
If it's been less than 60 days since you or the other parent signed the VDOP, you can usually cancel the VDOP through the Department of Child Support Services (DCSS) by submitting a Recission Form. 
Cancel through the court
If it's more than 60 days since you signed the VDOP, you will need to file papers in court to ask a judge to cancel (set aside) the VDOP. 
If there's a court case about the child custody or support using the VDOP, then you can't use the Rescission Form. You will need to file papers to ask a judge to cancel the VDOP.
You have more time if you were a minor when you signed the VDOP. Learn more 
If you were a minor when you signed the VDOP, you can cancel the VDOP by submitting a form up until 60 days after you turn 18 or become emancipated, whichever comes first. After that, talk to your local Self-Help Center or an attorney to find out whether you can cancel or set aside the VDOP.

How to cancel VDOP

 Cancel a VDOP using a DCSS Rescission form

 Either parent can cancel a VDOP by turning in a Rescission Form (form DCSS 0915) within 60 days from signing the VDOP. Only one parent needs to sign the Rescission Form. But, the other parent must get a copy.
To cancel it, within 60 days of signing: 
Fill out a California Voluntary Declaration of Parentage (VDOP) Rescission (form DCSS 0915) 
Sign the form in front of a Notary
Make 2 copies of the form
Send a copy of the signed form by certified mail to the other parent (keep the other copy for your records)
Mail the original signed form and proof of mailing to the DCSS address listed on the form 
You can get more information about the Rescission Form and process from the Department of Child Support Services and your court's Self-Help Center staff. 

 Ask a judge to cancel the VDOP
The Superior Court of California - County of Ventura - Case Inquiry
This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided. 

Civil, Probate & Small Claims Database

Civil, Probate and Small Claims cases may be found in link below. Information that is not available in this system is only available through the 
 Records Department of the Courthouse.
Please note:  As mandated by the Administrative Office of the Courts, minute orders for Family Law cases or for 
 Probate Guardianships or Probate Conservatorships are no longer available online.
Civil, Probate & Small Claims Case Inquiries

Family Law Database

The court began entering cases in the Family Law database on September 1, 1991. Any case filed after this date will be available in the system. 
 There were also thousands of currently active cases that were entered into the system at that time, so some cases prior to this date would be 
 available while others may not. Information that is not available in this system is only available through the Records Department of the Courthouse.
Please note:  As mandated by the Administrative Office of the Courts, minute orders for Family Law cases or for 
 Probate Guardianships or Probate Conservatorships are no longer available online.
Family Law Case Inquiries

Mediators

The Ventura Superior Court provides to parties a two-tiered panel of mediators. The two-tiered panel consists of a panel of pro bono mediators 
 and a panel of âparty payâ mediators. All mediators on the pro bono panel have agreed to mediate not less than one pro bono case per calendar quarter 
 and the mediation shall not be less than three hours. All mediators on the pro bono panel shall have completed at least twenty-five hours of formal 
 mediation training by a recognized mediation training/education provider, and agree to provide brief review, preparation time and three hours of 
 hearing time to the parties on a pro bono basis and pursuant to such further rules as may be designated for mediators by the Ventura Superior Court.
Self-Help Glossary - selfhelp
exonerate bail: When the court returns money or property to the defendant or bondsman. (See also bail exoneration.)
ex parte: These Latin words mean "from 1 side only." An example is a motion that is made without giving notice to the other side. In many courts, even ex parte motions require 24-hour notice to the other side except under unusual circumstances.
expulsion: To force a student to leave school.
expunge: To strike out or erase.
extradition: Bringing a person that is in custody in 1 state to the authorities of another state where that person has been accused or convicted of a crime.
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F

Facilitator: See Family Law Facilitator.
fair housing organizations: Government organizations that help renters solve housing discrimination problems.
Family Court Services: Part of the family court that helps parents with child custody and visitation issues. It provides services like custody mediation or child custody evaluations. To find the Family Court Services department in your court, find your court.
family law court: A court that hears family matters, like divorce ("dissolution"), legal separation of spouses, annulment of marriage or domestic partnerships, child custody and support, and domestic violence petitions.
Family Law Facilitator: A lawyer with experience in family law who works for the superior court in every California county to help parents and children involved in family law cases with child, spousal, and partner support problems. Anyone who does not have their own lawyer can see the family law facilitator for free. Click here for more information on the Family Law Facilitator.
Family Court Orientation: A class that prepares parents for court-ordered mediation. A counselor talks to parents about how their relationship affects their children, and tells them what they need to know about custody and visitation.
Juvenile Court: Sacramento Superior Court

When children are taken into protective custody,
 	 the officer or social worker will immediately attempt to notify the parent(s) or guardian(s). If the children are not in immediate danger
 	 of neglect or abuse, and are living with a parent, relative, or friend, they may be allowed to remain there pending the court proceedings.

 	 	When the children are placed in protective custody and taken from the home, there must be an investigation to decide whether the children
 	 	can be safely returned to the home from which they were taken. The first investigation is made by the social worker in the Intake Unit of
 	 	the Department of Social Services.

 	 	If the social worker decides that the children were not significantly at risk for abuse or neglect, the children can be released to the parent(s).
 	 	No court action is taken; however, the parent(s) may be requested to sign a Family Maintenance Agreement, agreeing to certain conditions to keep
 	 	the children in the home. If the parent(s) abide by the Agreement for six months, no further action will be taken. If there is another report of
 	 	neglect or abuse of the children, or the parent(s) fail to abide by the Agreement, the children can be removed from the home again, and a
 	 	Petition may be filed with the Juvenile Court.

 	 	
 	 	If the social worker decides the children are at risk, the children will remain out of the home pending the court hearing. The Department of Health
 	 	and Human Services must file a Petition with the Juvenile Court within 48 hours. The Petition includes necessary legal information and a statement
 	 	telling why a Dependency proceeding is considered necessary for the safety of the children. In response to the Petition, a Detention Hearing is held before
 	 	a Judge or Referee the next court day after the Petition is filed.

What is the First Hearing?


 	 In the event the children were removed from the home, the first hearing will be an Initial Hearing Detention. If the children were not removed,
 	 the first hearing is called an Initial Hearing Non-Detention. Both hearings advise parties of the allegations, appoint counsel (if necessary), and
 	 set a future hearing. However, the detention hearing addresses the additional element regarding the custody status of the children pending the jurisdiction hearing.
Enforce a custody order | California Courts | Self Help Guide
It includes details like when a parent must let the other one know about vacation plans and whether the vacation can be outside California. 

Additional Provisions — Physical Custody Attachment (form FL-341(D))
Includes how to handle many common issues, like when you must let the other parent know about plans to move and give them a new address, what happens if you need to cancel a visit, and scheduling calls between parents and child.

Joint Legal Custody Attachment (form FL-341(E))
For parents with joint custody, this lets you make specific rules about certain decisions. For example, what happens when you disagree about school enrollment or when you must let the other parent know about a child's health exam or treatment.

Keep a copy of the order in a safe place and give a copy to others as needed
Having a copy helps if there's disagreement about what it says. The police may need to see the order to enforce it. Give a copy to anyone involved in visitation or the custody order. For example, your child's daycare may need a copy of the order if it says who can pick up a child.
Keep a record of any violations
This can help if you later need to change or enforce your order. For example, if the other person is always an hour late to exchanges, you should write down the dates and times. Keep a record of any communications, like texts and emails.
Get an updated order if things change
If things change significantly, get a new court order that has the changes in it. You and the other parent can either agree to update the order or you can ask a judge to change the order. 

 The other parent does not follow the order

 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.
Probate | Superior Court of California | County of Tulare
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. If you consent, you will become liable for any civil damages that may result if the minor causes an accident. The law requires that anyone signing the DMV application obtain insurance to cover the minor.
Enlistment in the armed services
The guardian may consent to a minor's enlistment in the armed services. If the minor enters into active duty with the armed forces, the minor becomes emancipated under California law.
Marriage
For the minor to marry, the guardian and the court must give permission. If the minor enters a valid marriage, the minor becomes emancipated under California law.
Change of address
A guardian must notify the court in writing of any change in the address of either the child or the guardian. This includes any changes that result from the child's leaving the guardian's home or returning to the parent's home. You must always obtain court permission before you move the child to another state or country.
Misconduct of the child: A guardian, like a parent, is liable for the harm and damages caused by the willful misconduct of a child. There are special rules concerning harm caused by the use of a firearm. If you are concerned about your possible liability, you should consult an attorney.
Additional responsibilities
The court may place other conditions on the guardianship or additional duties upon you, as guardian. For example, the court may require the guardian to complete counseling or parenting classes, to obtain specific services for the child, or to follow a scheduled visitation plan between the child and the child's parents or relatives. As guardian, you must follow all court orders.
Termination of guardianship of the person